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2014-09-02
EIDIAIeT�-- CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, September 2, 2014 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: X David Zaremba O Joe Borton (arrived @ 5:91 pm) X Charlie Rountree X Keith Bird O Genesis Milam X Luke Cavener ® X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council Pre -Council Meeting Agenda — September 2, 2014 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Tuesday, September 02, 2014 at 6:00 PM 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird O Luke Cavener Genesis Milam X ® Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 8, 2014 City Council Budget Workshop Meeting B. Approve Minutes of August 19, 2014 City Council PreCouncil Meeting C. Approve Minutes of August 19, 2014 City Council Meeting D. Approve Minutes of August 26, 2014 City Council Meeting E. Recreational Pathway Easement Between Solterra Subdivision No. 1 and the City of Meridian F. Final Order for Approval: FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District G. Final Order for Approval: FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District I. Findings of Fact, Conclusions of Law for Approval: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District L. Findings of Fact, Conclusions of Law for Approval: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision M. Master License Agreement with Ada County Highway District for Public Artwork in the City of Meridian N. Professional Services Agreement with parents of Kory Kay Ramsay for Artwork for Traffic Box Community Art Project O. Approval of construction agreement for the "Access Control for the Public Safety Training Center and Police Department Addition" project to Clima- Tech Corporation for the Not -To -Exceed amount of $98,096.00. Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. VA P. Award of Bid and Agreement to Alta Construction for the "WWTP Paving and Grading Project and Storm Water Improvements" for the Not -To - Exceed amount of $357,129.55 Q. Recreational Pathway Easement Between Madison Meridian, LLC and the City of Meridian R. Purchase 9 Acres for Ground Water Storage Tank #4 for a Cost of $243,750.00 S. Approval of Purchase of Hewlett Packard replacement Laptops and Desktops for Fiscal Year 2015 for the Not to Exceed Amount of $111,086.22. T. Resolution No. 14-1006: A Resolution (VAC 14-005 Wyndstone Place Subdivision) Vacating the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision. U. Amended onto Agenda at Beginning of Meeting: Approval of Award of Bid and Agreement for WWTP Maintenance Facility — Construction Bid Package 1, Demotion, to Barrett Site and Underground, LLC for a Not -to -Exceed Amount of $15,000. (This award is the result of the Formal IFB issued by Beniton Construction and opened August 5t" — Four bids were received for this bid package) Items Moved From Consent Agenda None Action Items A. Public Hearing: Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. and authorizing the City of Meridian Utility Billing Department to Collect such Rates B. Resolution No. 14-1007: A Resolution Adopting the Annual Rate Adjustment for Solid Waste Collection Services by Republic Services, Inc; authorizing the City of Meridian Utility Billing Department to Collect Such Rates and Providing an Effective Date Approved C. Public Hearing for Public Works Proposed Utility Rates Increase Continued to September 9, 2014 D. Public Hearing Continued from August 19, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. in Ada County to the R-15 (Medium High -Density Residential) Zoning District Approved E. Public Hearing Continued from August 19, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Approved F. Public Hearing Continued from August 19, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Approved G. FP 14-037 Reflection Ridge Subdivision No. 4 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Five (5) Common Lots on 13.9 Acres of Land in the R-8 Zoning District Approved H. Public Hearing: RZ 14-005 Southridge Commercial by DBTV Southridge Farm, LLC Located Southwest Corner of S. Linder Road and W. Overland Road Request: Rezone of 7.41 +/- Acres from the TN -C to the C -C Zoning District Continued to September 16, 2014 I. Public Hearing: CPAT 14-001 Existing Conditions Report Update (2014) by City of Meridian Planning Division Request: Amend the Existing Conditions Report, an Addendum to the Comprehensive Plan, for the Purpose of Revising the Text, Updating all Facts and Figures and Reformatting the Report Approved J. Public Hearing: CPAT 14-002 Downtown Master Street Plan by City of Meridian Planning Division Request: Adopt by Reference the Downtown Meridian Street Cross -Section Master Plan into the Comprehensive Plan Approved Department Reports A. Mayor's Office: Resolution No. 14-1008: A Resolution re -appointing William Fitzgerald as Youth Member to the Parks and Recreation Commission Approved Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Mayor's Office: Resolution No. 14-1009: A Resolution Re -Appointing Joely Walters as the Youth Member to the Historic Preservation Commission Approved C. Mayor's Office: Resolution No. 14-1010: A Resolution re -appointing Ashlyn Morlock as Youth Member to the Solid Waste Advisory Commission Approved 9. Ordinances A. Ordinance No. 14-1623: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Duffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council September 2, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 2, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Joe Borton, Charlie Rountree, and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Tom Barry, Kyle Radek, Jamie Leslie, Mark Niemeyer, and Dean Willis. Item 1: Roll -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird x Genesis Milam X Lucas Cavener X Mayor Tammy de Weerd De Weerd: Thank you all for being here with us this evening. We appreciate you being here. For the record it is Tuesday, September 2nd. It's a few minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our Community invocation. Tonight we will be led by Pastor Trey Drake. He is with Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, pastor. Drake: You're welcome, Mayor. Council Members. Let's pray. Lord God in Heaven, thank you that we live in a nation where we have the freedom to work where we want to and govern ourselves and worship you openly and freely. Just appreciate that. And we appreciate this city. Lord, we pray that you would protect the citizens of Meridian, God, all the people in their homes tonight and where ever they are at I would pray that you would be over all things here, as I know that you are and we would prosper here. God, we are praying for peace in our community, those who help to keep the peace, God, we are praying for those -- those servants that do that and that you would guide and lead them, Meridian City Council September 2, 2014 Page 2 of 30 give them wisdom. Lord, we are also last now we are praying for these men and women here who we have elected to make these decisions. We pray that you would give them wisdom. I believe like your word says that you have put them in this place and, God, we trust that you will urge them to make good decisions and how they spend money and the laws that they make and so forth and so, God, we pray that you would be over all these things and we just pray that you bless them, God, as they have given this part of their life over to -- to, you know, serve the citizens here in Meridian and so protect this community, Lord, and just be over this time in this meeting tonight. And we worship you God, in Jesus name we pray, amen. De Weerd: Thank you for kicking us off. Drake: You're welcome. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A few additions to the agenda. On Item 5-T, the resolution number is 14-1006. Item 5-U is to amend the agenda for an approval of award of a bid for WWTP maintenance facility, construction bid package number one in an amount not to exceed 15,000 dollars. Item 7-13, the resolution number is 14-1007. Item 7-H the applicant has requested that to be continued until the 16th. Item 8-A the resolution number is 14-1008. 8-13, the resolution number is 14-1009. 8-C the resolution number is 14-1010. And Item 9-A, the ordinance number is 14-1623. And with those additions and corrections, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All these in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 8, 2014 City Council Budget Workshop Meeting B. Approve Minutes of August 19, 2014 City Council PreCouncil Meeting C. Approve Minutes of August 19, 2014 City Council Meeting Meridian City Council September 2, 2014 Page 3 of 30 D. Approve Minutes of August 26, 2014 City Council Meeting E. Recreational Pathway Easement Between Solterra Subdivision No. 1 and the City of Meridian F. Final Order for Approval: FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family , Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District G. Final Order for Approval: FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Findings of Fact, Conclusions of Law for Approval: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 114 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District L. Findings of Fact, Conclusions of Law for Approval: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site Meridian City Council September 2, 2014 Page 4 of 30 and Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision M. Master License Agreement with Ada County Highway District for Public Artwork in the City of Meridian N. Professional Services Agreement with parents of Kory Kay Ramsay for Artwork for Traffic Box Community Art Project O. Approval of construction agreement for the "Access Control for the Public Safety Training Center and Police Department Addition" project to Clima-Tech Corporation for the Not -To -Exceed amount of $98,096.00. P. Award of Bid and Agreement to Alta Construction for the "WWTP Paving and Grading Project and Storm Water Improvements" for the Not -To -Exceed amount of $357,129.55 Q. Recreational Pathway Easement Between Madison Meridian, LLC and the City of Meridian R. Purchase 9 Acres for Ground Water Storage Tank #4 for a Cost of $243,750.00 S. Approval of Purchase of Hewlett Packard replacement Laptops and Desktops for Fiscal Year 2015 for the Not to Exceed Amount of $111,086.22. T. Resolution No. 14-1006: A Resolution (VAC 14-005 Wyndstone Place Subdivision) Vacating the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision. U. Amended onto Agenda at Beginning of Meeting: Approval of Award of Bid and Agreement for WWTP Maintenance Facility — Construction Bid Package 1, Demotion, to Barrett Site and Underground, LLC for a Not - to -Exceed Amount of $15,000. (This award is the result of the Formal IFB issued by Beniton Construction and opened August 5th — Four bids were received for this bid package) De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? I move that we approve the Consent Agenda as previously amended and authorize the Clerk to attest and the Mayor to sign. Meridian City Council September 2, 2014 Page 5 of 30 Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Again, I would just state that Item 7-H the applicant has requested this to continue. Is there anyone in the audience that is here for this item? Okay. Item 6: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. and authorizing the City of Meridian Utility Billing Department to Collect such Rates De Weerd: So, we will move into Item 7-A under public hearing. I will turn this over to Mr. -- Rachele. Mister. Klein: Thank you, Madam Mayor and Council. I'm Rachele Klein with Republic Services and we are before you today requesting an annual CPI increase. According to Section 21 of the contract it can adjust -- the rates can adjust annually up to 90 percent of the CPI agreed upon by both the city and the contractor and this year that -- that CPI turns out to be 2.08 percent, which is -- translates in to a 25 cent per household per month increase and we did the public hearing -- the public hearing tonight as a result of us requesting some new rates and those rates are hopefully going to benefit the residents here in Meridian and we have asked for a specific rate for a clean rock and sheetrock and we have the ability to use those as backfill and so we can drop the price on what -- what we charge customers on those two materials if the rates are approved. So, we will have a separate lower rate for those. And also we were able to go back and reviewing the rates find that the small -- the mini roll offs that we have that are six to ten yard individual boxes that we can deliver to people's homes -- we have what's called a dry run rate where if we get to somebody's house and the container is blocked or it isn't full yet or things like that, and we return back to the yard without hauling it, there is a dry run fee and historically the dry run fee has been the same for the large industrial boxes and the small mini boxes, but Meridian City Council September 2, 2014 Page 6 of 30 in analyzing our costs it's less for us to haul the mini roll -offs, so we just are asking for a new rate, which reflects the actual cost of servicing those small -- a dry run on the small boxes. And with that I'm available to answer any questions. De Weerd: Thank you. Council, any questions for Rachele? Rountree: I have none right now. De Weerd: Okay. Thank you. Klein: All right. Thank you. De Weerd: This is a public hearing. Is there anyone that would like offer testimony on this item? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no interest in testifying, I move that we close the public hearing on Item Item 7-A. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on 7-A. I guess I will leave it up to Dean to figure who provided that second, Mr. Bird or Mr. Zaremba. Bird: Zaremba. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Resolution No. 14-1007: A Resolution Adopting the Annual Rate Adjustment for Solid Waste Collection Services by Republic Services, Inc; authorizing the City of Meridian Utility Billing Department to Collect Such Rates and Providing an Effective Date De Weerd: Item 7-B is resolution 14-1007. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-B, resolution 14-1007. Meridian City Council September 2, 2014 Page 7 of 30 Borton: Second. De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from Council? Okay. Madam Clerk, will you call roll. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Public Works Proposed Utility Rates Increase De Weerd: Item 7-C is a public hearing under our Public Works Department. I will turn this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. I have presented several times on this issue in the past. I will be brief. This is mostly just for the viewing public and their benefit, since it is a public hearing. As you know we are challenged in the wastewater utility in particular due in large part to some environmental regulation changes that are coming and soon to be here. The lower Boise River has got phosphorus issues and concerns on it, which has created the need for both the Environmental Protection Agency and the Department of Environmental Quality to work collaboratively on upgrading regulations for limiting phosphorus and other contaminants to the Boise River. These stringent limits are going to come in the form of NPDES or National Pollutant Discharge Elimination System permit requirements issued by the EPA. We have already had a pre - draft issue to the City of Meridian. The final draft will be coming here in the next month or so. We expect -- this draft indicates that the Public Works Department will be facing about a 170 million dollar challenge over the next ten years to bring our facilities up to the new treatment requirements that are being instituted by the EPA in the amount of about 154 million in capital upgrades and about 16 million over ten years in personnel, operations, and maintenance. We presented this funding for us to use several times. Essentially, the plan is to utilize existing capital projects that have been earmarked in financing over the ten years of 73.5 million, utilized some undesignated ending fund balance of 24.7, rely on some growth in the both accounts and assessment for a total of about 30.4 million, do some fee leveling, which I have talked to you about. It's not really for discussion this evening. The real focus of tonight is these -- are these two areas of the pie that I have indicated in the orange or gold that is an EPA compliance fee that we are proposing be instituted at $3.75 and, then, also a two percent inflationary rate increase for both the water usage, as well as the water base rates, as well as the sewer usage and sewer base rates. This is what that looked like. Essentially, our proposal is to increase one time a two percent inflationary increase of water and wastewater base in usage rates. This will be, essentially, about an 11 cent increase from 5.38 to 5.49 in water base right. It will also equate to about a four percent -- or, excuse me, a four cent increase from $1.86 to $1.90 per 1,000 gallons for the water usage rate. We are also proposing on the sewer side that we increase the monthly wastewater base fee by two percent, which would be a 17 cent increase from $8.48 to $8.65 and increase the wastewater usage fee by two percent, Meridian City Council September 2, 2014 Page 8 of 30 which would equate to an 11 cent increase from $5.32 to $5.54 per 1,000 gallons of usage. In addition to that on the wastewater side, because of these stringent environmental regulations and the need to infuse cash into -- our capital to keep up with these demands, we are proposing that we add an additional $3.75 monthly EPA compliance fee to the wastewater base rate, which we intend to have sunset in an approximately ten year period. We have done a number of communication outreach touch points on these rates. For example, we sent out 30,000 fliers or more, which were distributed to every household in the City of Meridian who receives a water or sewer bill. We had seven articles in total that were written over the last year or on this particular issue and in particular most of those articles in the last couple of months leading up to this public hearing. We had several Council presentations, two association meetings, several more coming as well and we dedicated a couple of website pages also for educational touch points on this issue. The result of this is that we had 132 unique website hits. That means that, according to the IT Department, we had 132 different IP addresses actually hit the websites that we developed specifically for the rate response. We had one telephone call, we had one e-mail response. We had zero social media responses, zero blog comments and zero letters that we received. So, that is it for the presentation. I ask that you consider this and that you continue, if you so desire, this hearing to next week. That would allow us to be compliant with our noticing, our ordinance, and, then, we can pick up on any action that you should choose at that point in time. So, that's all I have for my presentation. Stand for any questions you might have. De Weerd: Thank you, Mr. Barry. Council, any questions? Bird: I have none at this time. I will wait until next week. Barry: Thank you. De Weerd: Thank you. This is a public hearing. Is there any member of our public who would like to offer testimony on this item? Good evening. Couch: I imagine you need a name and address for the record? De Weerd: I would appreciate your name and address for the record. Couch: Okay. Tom Couch. 2795 North Ralstin Way. De Weerd: Thank you. Couch: Meridian '46. 1 appreciate the gentleman's information, because this is what I got. If he sent out the survey I will defer that he did send it out. I didn't see it. This is the first time I heard about it. And I just had a couple questions. It's seems like -- I would take it that the example they put here, approximately the five dollar increase, that's supposed to be an average household -- De Weerd: Yes, sir. Meridian City Council September 2, 2014 Page 9 of 30 Couch: -- that this is based off of. So, we are doing 75 percent of the increase on a fixed basis and 25 percent based on usage. Because you have 3.75 over five dollars, roughly. Bird: Yep. Couch: So, my question is when you compute this out it works out that over ten years 450 dollars. Okay? You're going to raise 45 million is what you're attempting to raise. How did you come up with this split? Because so much of literature in other areas of my bill is based off of more garbage, more water, you pay more. Only 25 percent of this increase is based on usage. Seventy-five percent -- if I spend six months in another home and I use no water or next to no water, I'm still paying 75 percent of your average increase. So, what was your logic going into this? Because all our other utilities with the city are really based on how much you use. This one, 75 percent, is based on just tapping in. And the other issue I have with it -- 75 percent of it being fixed, what did they factor into this for new homes? I'm looking at your Consent Agenda, we are back in the business now of doing plats and homes are coming in, is there an impact fee that you need to be doing here? Because people down the road six, eight years who come in here, we have been funding this for six, eight, nine, ten years -- the folks who come later, they are not paying their full share. You have pretty much established the 3.75, 450, is what my house is going to pay over ten years. And the other one I had -- and I'm not sure the gentleman can address this and it may be outside the bounds -- 46 projects -- can he show us that the 46 projects are all mandated by EPA or DEQ or is this thing padded with some other things that the city just basically thought would be a good thing to put in here under the guise of the EPA requirements? I don't know how -- if he can address that, but that was my concerns reading this. De Weerd: Thank you. Couch: Thank you. De Weerd: You had a couple of questions in there and I will ask staff to address them after we take the public testimony. Other testimony? Okay. Tom, could you take some of those questions and -- Barry: Thank you, Madam Mayor. Mr. Couch, thank you very much for coming this evening and I appreciate your questions. Hopefully I can address them adequately for you. I wrote three down that I caught in your testimony. The first one related to the percentage of the increase associated with fixed versus usage and that was intentional. It might not feel good, but the reality is that these regulations that are coming to us in the form of the NPDES that's being updated currently, it does have a fixed cost. There is no way that we could pay for the 46 projects, which I will address here in just a moment also with another question that you had. There is no way that we could address financing those 46 projects on a variable cost structure, not knowing how much revenue that the department is actually going to be able to -- to raise and, therefore, we have -- under a no compliant situation here with the Environmental Protection Agency, we not allowed to Meridian City Council September 2, 2014 Page 10 of 30 operate outside the confines of the permit limits. If we do we are subject to fines of up to 37,500 dollars per day per occurrence, which is a cost that we would want to avoid certainly. So, the raising of this money in the form of an EPA compliance fee on the base of the sewer charge is to insure that we do have a fixed revenue stream coming in to cover that fixed cost that's going to be coming in the form other than NPDES new requirements -- treatment requirement. So, that was intentional. You did ask a very insightful question about homes -- new homes paying their fair share or otherwise. There is a hearing that will be occurring we hope here on the 23rd of this month where we are proposing an increase to the connection charge for the sewer component of the hookup or assessment and so we do feel that we are appropriately trying to balance the growth component that's related to these improvements, as well as the treatment component that's related to the improvements. So, we will be proposing a pretty sizable increase to the sewer connection charge, that is the assessment or hookup charge here on the 23rd and we are set to have meetings with the BCA, Southern Idaho -- our Southwest BCA, as well as some prominent developers. We already met with BOMA a couple times now, so -- De Weerd: You might explain the acronyms Barry: BOMA is the Building Owners and -- Bird: Management. Barry: -- Management Association. It's a national firm, but there is a southwest -- or an Idaho section. We met with them and BCA is the Builder and Contractors Association. So, we are trying to reach out to stakeholders there as well. I have a meeting next Monday with prominent developers of the City of Meridian, to be followed on the 9th of September with our BCA meeting to -- for that membership. We are also sending out a hundred letters to prominent developers in the community advising them of this increase for the sewer connection charge. So, I do think that we have that covered. And, then, lastly you asked for an assurance -- the 46 projects that we have identified, if they are all related to EPA requirements -- and I can say that a component, if not all of those projects -- components of each of those projects, if not all of those projects, are related to the Environment Protection Agency requirements. There are some -- quite a bit of growth related costs that are included in those projects. For example, let's just say -- well, we have this as an example there of a project that we have slated for improving wastewater treatment also adds capacity to the treatment plant at the same time. There is a proportionate share of cost coming from water quality improvements or treatment that's also coming from capacity or growth. That means the development community requiring that capacity. So, at least a component -- sizable component, if not all of the project, is related to the -- are related to the EPA mandate. So, hopefully, I have addressed that as well. I don't know if there are any other questions or clarifications that the Mayor or Council have or maybe Mr. Couch for that matter. De Weerd: Well, this will continue until next week, which we will get an opportunity for any follow-up questions. Council, anything for Mr. Barry at this point? Meridian City Council September 2, 2014 Page 11 of 30 Bird: I have none at this point. De Weerd: Okay. Barry: Thank you. De Weerd: Thank you. And, Mr. Couch, I would encourage you, if you have additional questions -- okay. thank you. And if this there are additional follow-up we will continue this until next week and entertain any follow-up questions you might have or also we have opportunity for written comments as well that will be entered into the public record. Council, I would entertain a motion to continue this, unless, Mr. Zaremba, you have a question or a statement? Zaremba: Madam Mayor, I was preparing to frame the motion, noticing that the next meeting is normally our workshop meeting. I suppose a response to the motion will indicate whether the Council wants to have a public hearing on our workshop or not, so I move that we continue this to our regularly scheduled meeting of September 9th and that meeting begins at 3:00 o'clock in the afternoon. It's not an evening meeting. End of motion. Rountree: Second. De Weerd: I have a motion and a second to continue this. We could also put it towards the end of the meeting, so it's closer to 5:00 o'clock. Mr. Nary, could we set up for a time specific, so that if people were interested we could start it at that time? Nary: Madam Mayor, Members of the Council, it's been noticed for your 9th meeting that begins at 3:00 and the notice has already been published, but it didn't publish a specific time. So, I would suggest leaving it like you normally would as just part of our agenda. De Weerd: Okay. I have a motion and a second to continue this public hearing until next week. All those in favor say aye. Any opposed say nay? Okay. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing Continued from August 19, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District E. Public Hearing Continued from August 19, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Meridian City Council September 2, 2014 Page 12 of 30 Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Approved F. Public Hearing Continued from August 19, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty - Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District De Weerd: Item 7-D is a public hearing continued from August 19th on AZ 14-008. 1 will ask for staff comments on this public hearing at this time. Parsons: Thank you, Madam Mayor, Members of the Council. This item has been continued since July 22nd where Council gave the applicant some directions on bringing forth a new or revised site plan to address some of those concerns that were brought up at the hearing. Just to get merit oriented on the development, it is located on the southeast corner of Locust Grove and East Franklin Road and the site does consist of approximately 5.65 acres of land. During that public hearing Council brought the concerns that the development lacked children's amenities. There was a gentleman that testified -- adjacent neighbor testified that lives in this area here had some -- raises some horses on the property and he was concerned about children who live in the complex, either throwing rocks or playing in the creek adjacent -- or at least getting into his pasture without having fencing. And, then, the other issue -- another issue was the density of the development. Some of the council members felt it was a little too dense for that site in that location. Another concern was access into the site and I believe we addressed that at that hearing. ACHD had to approve that access point to Locust Grove and they felt that was the most safe -- was the safest access point in and out of the development and because of those site constraints, as I discussed in the previous public hearing, given the flood plain and the flood way on this development, there would be no additional opportunities for cross -access or further access to this development as well. So, on the left-hand side here is -- although it's not very clear -- this was the site plan that was before you. They did have their clubhouse up against the gentleman's pasture. Again, there was a ten foot multi -use pathway that came along the north and dropped down along the east boundary and Councilwoman Milam was concerned about the lack of a tot lot or a children's amenity. So, what the applicant has done -- and I will fast forward you, just because he gave me a colored rendering late this afternoon and I did address all of these changes in a memo I sent out to you last Friday. But our primary concern -- or changes to the plan -- again, as far as access goes, that's pretty much set in stone for this development as far as ACHD is concerned and they have approved that access point in this location and it will be more than likely a full access point until such time as traffic warrants it to be closed off in the future or at least restricted to right -in, right -out. The applicant is proposing a fence along the north boundary and, then, terminate running along the entire eastern boundary here and here is that fence detail for you to take under advisement this evening as well and what the applicant has done as well -- because there Meridian City Council September 2, 2014 Page 13 of 30 wasn't a tot lot amenity or children's amenity and we wanted to get that open space or at least that use or amenity away from the gentleman's pasture, the applicant's actually lost a unit and gone from 68 units to 64 units and brought that clubhouse and added a pool facility as part of his amenity package. So, not a tot lot, but a pool to allow folks to recreate internal to the development, rather than up against that gentleman's pasture. The one other item he has also done is he strategically placed pathway connections within the development, so rather than on the previous plan they had -- every pod of four-plex had connections to the pathway, he's essentially had two locations for entry and those will be gated as well to try to limit access to the flood plain or the open space north of this development. And that would be located here and there is a gate proposed here as well. And so in the memo that I have sent out to you last Friday I did -- staff is supporting the recommended changes for you this evening. I did address in that staff memo the conditions of approval if you choose to act on this in favor of this development tonight. There are some conditions that staff is asking you to modify this evening and those are highlighted in -- in that staff memo, but I will go over them very quickly for you. Currently the DA provision in the staff report restricts or limits the number of units to 68. Now that the applicant is proposing 64, we need to change that. DA provision number C, open space has decreased slightly just because of reconfiguration of that -- the clubhouse being shifted to the internal development and, then, tightening up some of the four-plexes on the site. So, it's not a slight decrease, but it is minor -- or slight decrease, not a major decrease. So, rather than 3.85 acres of open space we are looking at 3.82 acres. Bullet 1.2.2, number four, we are asking that you place a condition in the development agreement that they construct the fencing as you see this evening along the north and east boundary. And, then, the last condition that we are asking you to modify is 1.5.2, bullet number two, again requires the amount of open space of 3.82 acres and add the amenity clubhouse with a covered patio and the pool facility as part of the amenity package moving forward. With that I don't have any other outstanding issues for you this evening and I would stand for any questions you have regarding the revised site plan. De Weerd: Thank you, Bill. Council, any questions? Okay. Does the applicant have anything to add? Arnold: Madam Mayor, Members of the Council, for the record Steve Arnold with A Team Land Consultants, 1785 Whisper Cove, Boise. 83709. I'm not going to go into a whole much more detail than what Bill has filled in. A couple little things that we also did that wasn't brought up tonight. The buildings along the south boundary of the subdivision -- what I did is we -- we -- instead of having them perfectly linear, we vary them slightly, so that we can get more usable open space in between the two buildings and that helps create basically a larger usable open space and it breaks up the fagade from both the outside neighbors to the south and as you're coming in through the subdivision. As Bill stated, we are proposing the cinder blocks with the four foot wrought iron on top. That will act also as a part of a retaining area for the fill that was placed in there. And, then, we did add a pool to the clubhouse. My client feels that the pool, even though it's more expensive than a playground facility, it will be utilized by both youth and people of age. With that being said -- my client is here tonight and he -- you heard from me last time Meridian City Council September 2, 2014 Page 14 of 30 about buildings and the uniqueness of the fagade. I'll let him fill you in on the vision of the project. I will stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none right now. De Weerd: Good evening. Thank you for joining us. Skaggs: Mayor and Council. My name is Dave Skaggs for the record. My address 1341 South Spring Valley Drive in Nampa, Idaho. 83686. De Weerd: Thank you. Skaggs: I am the builder, I'm also the owner of the project, and I have owned multi -family in the valley for 20 plus years and I have built this building a few times around the area and a few different projects. We -- on buildings we do -- we finish everything with an energy star version three, which is equal to a LEED Silver standard. We go after the federal tax credits is what we look for, which means that we are actually building to a quite extension path, quite a bit more than what is required with city codes. That's pretty important to us. We like to make sure that everything, obviously, qualifies for the tenant as far as, you know, expense, we don't like to see the expense -- spend too much more on the expense on the rents as far as with the -- with the power. We always go with the executive finishes, which means that we come in and we use granite counters. We have built several of these projects as condos and we like to finish them off very nice. We try to go a little bit a step above. They are a pinwheel design building, which means that your standard four-plex would have one entrance with four doors and one entrance with one staircase. We actually have a townhouse style. It's a pinwheel with a front door on each side of the building. They are quite an attractive -- you really -- if you look at the building you can't even tell it's a four-plex. It looks more like a house. We have two different floor plans in each building. We have-- one floor plan has two bedrooms upstairs and one has one bedroom up and one bedroom down. They are all two bedrooms. They are two bath units. One bath up and one bath down. We try to -- we try to be very proactive. We use professional property management -- Park Place Property is our usual property manager we use. As owners we change our own filters. We do as much as we can ourself to just make sure what our units look like. It's very important to us to make sure -- I can't tell you over 20 years how many vacuum cleaners I have bought for tenants and I think still have about eight or ten of them left in my garage. The fence on top of the block wall -- the block wall -- to me that was our original intent was to make sure that we keep the dirt on our site. We don't want it going off into the floodway and so we are proposing to put that. And the fence was always a design that we were going to put in. I want to make sure we maintain the fence, so that the tenants can see the waterway, because I think the creek does have some kind of a benefit as far as a view. I wouldn't advertise it as a waterfront, but -- but the creek does come into play on it. So, anyways, I -- you know, we come in, Meridian City Council September 2, 2014 Page 15 of 30 we have six different color combos for our buildings. We have -- on those color combos each building has four colors on the exterior. Interiors, we have gone in, we have professional design that does our interior work. They are considered executive finishes and we do ask a little more rent than usual. Having the buildings for so long in the valley like I have, we -- we very -- I did a 74 unit condo complex out in south Boise and we had two children in it. If you look at my plat on that project we had a tot lot on it. We got halfway through the project and we put a swimming pool in it, because we just -- we just weren't getting a lot of the kids, which we welcome the children, but it was more so that everybody could enjoy the amenities. So, with that being said, if you guys have any questions for me I would love to entertain them and I know the buildings inside and out, so De Weerd: Thank you, Mr. Skaggs. Any questions? Mr. Zaremba. Zaremba: Madam Mayor, actually, it's a question for staff, but while you're here. Referring to the fence, condition of approval 1.2.2, bullet four, doesn't mention the cinder block base for two feet. I think that's a good idea. Is there a way we can incorporate that? Hopefully it doesn't violate our fence ordinances. Parsons: Madam Mayor, Members of the Council, certainly you can add that. I just -- I left it off because of the detail, but certainly I can add that on top of the retaining wall or cinder block wall or however you want to word it. But, yeah, that should be in there and it doesn't violate the fencing ordinance. Zaremba: Great. Thanks. De Weerd: Okay. Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your vision for the floodway itself? Just leave it in a natural state or -- Skaggs: I like the green. I like to see a lot of green. Like to keep things mowed. I'm not exactly for sure what we can do down there. If I had my way about it -- obviously we want to make sure that it's something that people can enjoy. I don't want to just have a bunch of weeds down there. We can't really -- I don't know if we can plant grass down there, but my vision is to keep it mowed and keep everything -- you know, I mean I would like to see everything to where people can use it. I think that's what it should be. Rountree: Okay. Thank you. De Weerd: Anything else from Council? We appreciate you joining us tonight. Skaggs: Thank you. Meridian City Council September 2, 2014 Page 16 of 30 De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Council, seeing no further testimony, any additional questions for staff or the applicant? Bird: I have none. De Weerd: Okay. I would entertain a motion to close this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on AZ 14-008, PP 14-008 and CUP 14-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 7-D, E and F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 14-008 and to include all staff, applicant comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is it the DA where this condition would be -- I would like to add that it's okay to have the fence on top of a two cinder block retaining wall. Bird: That was part of the staff comments. Zaremba: Okay. Bird: I covered them both by that. Zaremba: Okay. I'm satisfied. Meridian City Council September 2, 2014 Page 17 of 30 De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-008 and to include all staff, applicant comments. Rountree: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd just like to thank the applicant and their engineer for taking to heart some of our comments and I think your -- your development at this point is superior to what your first one was and thank you for doing that. We appreciate it. De Weerd: Thank you. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 7-F. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 2, 2014 Page 18 of 30 Bird: I move we approve CUP 14-005 and also to include all staff and applicant comments, which includes 64 units instead of 68, and 3.2 acres of common open space and the fence on top of -- the wrought iron fence on top of the cinder block and also modify the condition on 1.5.2, bullet number two. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Zaremba. Zaremba: Madam Mayor, I would add to the list that Councilman Bird said that it's -- according to the agenda 17 four-plex units, which it used to be, it's now 16. Bird: For multiple family units. Zaremba: They lost one of the four-plexes. By my count there is 16 now. De Weerd: Okay. Any further discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. FP 14-037 Reflection Ridge Subdivision No. 4 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Five (5) Common Lots on 13.9 Acres of Land in the R-8 Zoning District De Weerd: Item 7-G is final plat 14-037. 1 will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application on the agenda is Reflection Ridge final plat number four. The site consists of 13.9 acres of land. Is currently zoned R-8 in the city and is approximately a half a mile south of East Victory Road and west of South Locust Grove Road. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat. In the staff report Mrs. Watters did state that there was some minor changes to this phase of the plat, but overall the open space and the connectivity was consistent with the approved preliminary plat in '08 and so staff is recommending approval of this final plat. We have received written testimony from the applicant and they are in agreement with all the conditions of approval and I will stand for any questions you have. De Weerd: Thank you. Meridian City Council September 2, 2014 Page 19 of 30 Borton: Madam Mayor? De Weerd: Yes. Mr. Borton. Borton: I'm going to recuse myself from this application. De Weerd: Okay. Council, in front of you is the final plat on Item 7-G. Any questions for staff? Bird: I have none. De Weerd: If there is no questions, I note that staff noted that the applicant is in agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 14-037. Zaremba: Second. Bird: I have a motion and a second to approve Item 7-G. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing: RZ 14-005 Southridge Commercial by DBTV Southridge Farm, LLC Located Southwest Corner of S. Linder Road and W. Overland Road Request: Rezone of 7.41 +/- Acres from the TN -C to the C -C Zoning District De Weerd: Okay. Item 7-H is a public hearing on RZ 14-005. Council, this item has been requested to continue. I will open the public hearing and ask for a motion to continue to September 16th. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 2, 2014 Page 20 of 30 Bird: I move we continue the public hearing for RZ 14-005 to September 16th, 2014. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 7-H to September 16th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Public Hearing: CPAT 14-001 Existing Conditions Report Update (2014) by City of Meridian Planning Division Request: Amend the Existing Conditions Report, an Addendum to the Comprehensive Plan, for the Purpose of Revising the Text, Updating all Facts and Figures and Reformatting the Report De Weerd: Item 7-1 is a public hearing on CPAT 14-001. Council, I will open this public hearing with staff comments. McClure: Thank you, Madam Mayor, Members of the Council. I would like to begin by thanking Bill Parsons for writing the staff report for this. Staff is before Council tonight requesting adoption of this update for the Existing Conditions Report 2014. 1 know Council has heard a lot about this before, so I will try to be brief. Very briefly, some background for you. The Existing Conditions Report is an addendum to the City of Meridian Comprehensive Plan. The comp plan, at a minimum, is supposed to address 16 elements required under the Idaho Local Land Use Planning Act. Not all of these elements necessarily drive policy, but that is what the Comprehensive Plan is largely used for. These are the 16 elements to be addressed under state code. I won't read them all. Due to the size and usability considerations during the 2009-2010 comprehensive plan update, it was decided to split the comp plan into two, one section looking forward that focused on the policy, the 2010 comp plan and one section memorializing where we have been as a benchmark moving forward, the existing conditions report. But why are we here today? Well, a lot has changed since 2009 when most of the previous Existing Conditions Report was drafted. There are 10,000 more people, a changing demographics, a different economy, many new commercial, office, and residential developments and expanded city services. The ECR was a good idea, but it wasn't necessarily the best implementation. So, with this update we decided to -- besides just updating some data, we decided to make an effort to improve the usability of the document. Some of the conversations were long and the formatting wasn't the best. With this update the ECR has a new format. It has upgraded demographics. Descriptions of services and projects. It consolidated repeat topics and discussions, such as trash service, updated some discussions to help previously lifted state requirements, like agricultural. For this update we relied on other departments to revise and verify services and data. We also relied on other agency partners, including the school district and COMPASS. And, of course, things change, we will be back to update this again in a few years, hopefully, with even more improvements. With that I would just note that Planning and Zoning did recommendation this approval -- for approval, along with some comments Meridian City Council September 2, 2014 Page 21 of 30 from David Miles, an environmental -- I would also just like to point out that David Miles provided a lot of other comments and updates for this text that just came after we -- the cutoff date, so he -- there was -- he had a lot more and I do thank him. Staff is requesting adoption of this update and I will stand for any questions. De Weerd: Thank you, Brian. Council, any questions? Rountree: I have none. De Weerd: Okay. We do have a public hearing. Is there anyone who like to provide comment on this item? I don't see any of these boys jumping out of their chair to make comment. Council, any further questions for staff? Bird: I have none. Rountree: None. De Weerd: So, next steps on this, Brian? McClure: I'm looking for adoption. So, if you guys can roll call or do whatever. De Weerd: Okay. Nary: Madam Mayor? Madam Mayor, Members of the Council, we will bring back -- if you want to move it forward, we will bring it, then, back on a motion with a resolution for adoption and, then, we will have a memorial of it. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't we -- we have to pass the CPAT 14-001 and, then, you bring it back, right; Bill? Nary: Yes. Bird: That's what I thought. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on CPAT 14-001. Zaremba: Second. Meridian City Council September 2, 2014 Page 22 of 30 De Weerd: I have a motion and a second to close the public hearing on Item 7-I. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPAT 14-001 and to bring it back as a resolution. Rountree: Second. De Weerd: I have a motion and a second to pass CPAT 14-001 and for staff to prepare a resolution. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: As ayes. Motion carried. J. Public Hearing: CPAT 14-002 Downtown Master Street Plan by City of Meridian Planning Division Request: Adopt by Reference the Downtown Meridian Street Cross -Section Master Plan into the Comprehensive Plan MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 7-J is a public hearing on CPAT 14-002. 1 will turn this over to staff. McClure: Thank you, Madam Mayor. Again, I would like to thank Bill Parsons for writing this staff report as well for the Downtown Meridian Street Cross -Section Master Plan. Staff is before City Council tonight requesting adoption of this addendum to the City of Meridian Comprehensive Plan. I have talked about this again quite a few times with Council, so I will try to be brief, but if I do gloss over anything that you are interested in, please, interrupt and let me know. When this project began more than one and a half years ago now we set out to accomplish the following objectives. Identify key street and streetscape elements and preserve for them. Enhance connectivity and place making. Unify other plans and guidelines. Clearly identify redevelopment expectations and support collaborative implementation. This is what has transpired leading us to today. We established a work group that included a number of city departments, staff from ACHD, and included a number of MDC representatives. Engaged in public outreach and held an open house. The open house was also advertised as part of the project we were in last year, which included the usual e-mail blast, website, social media and coverage by local news outlets. ACHD staff involved in the project also routed the draft plans through their legal, development services and traffic departments. We have also coordinated with Meridian City Council September 2, 2014 Page 23 of 30 ACHD in how to integrate this plan into the development review process. This plan will have an integral GIS component that both agencies will use to make sure everyone is on the same page and the exact implementation. After the technical coordination MDC was given an update and endorsed the plan. Staff provided a draft check-in with City Council and ACHD staff presented to Commission, so that both decision making bodies knew they generally supported before either adopted. ACHD commission had nothing but positive comments. Planning and Zoning Commission support the street plan and recommended to the City Council for approval and ACHD staff intends for this plan to be adopted as part of the next master street map update assuming City Council adoption. And here we are. This, in case anyone is not familiar the city core, north is to the right. It's also the planning area for the project and coincides with the downtown license agreement that the city has with ACHD. The city core is something of an older designation, which predates the Designation Downtown vision plan and overlaps several of the districts within that plan. This Destination Downtown plan is adopted by reference in the City of Meridian Comprehensive Plan. The boundaries are from Ada to Carlton and Meridian to East 3rd. It's also worth noting that it also addresses the Pine and Main Street corridors, which extend outside of this planning area, as they are critical entryway considerations. The plan also considers East 3rd down to Franklin for connectivity purposes. That's kind of the background. So, specific use, how are we going to implement, this is just an example of the street plan. There is a lot to read here, but there is really only seven pages like this. Half of it is optional reading. The blue -gray side bar on the right is just kind of an education piece to break things up and provide -- hopefully to get people thinking. The way this document is set up is that all the intent, history, and in all condition type guideline text is covered at the beginning. The rest of the document is pick and choose. You only need to review the relevant information. These are set to function like cut sheets, so you print what is relevant. The plan looks big, but functional use is much smaller. This is a text for a specific cross-section. All of these are designed to work largely independently from all the other pages. After you review the first two pages you will pull out the relevant cross-section, which is mostly graphic. The cross-section is a key bit here, but the text helps to provide framework for alternatives and needs that must be addressed regardless of location or circumstance. The cross-sections themselves aren't set in stone. Only what they must support and how they would be integrated into the rest of the urban framework. The text for the cross-sections are explained, because they intend a need, allowing for creativity, rather than to simply list expectations without explanation. Moving forward, how this is to be used. City staff will use the plan in coordination with ACHD for private and public redevelopment. It will be used to preserve and improve connectivity and encourage safe pedestrian and bicycle environments connected to and through downtown. The plan really is not intended to require anything that's not already on the books now, other than proposing solutions to an array of previously identified needs. The text does describe needs versus wants. This is intended to make supporting Destination Downtown, the City of Meridian pathway master plan, and a number of other policy and planning documents more straight forward. The city and ACHD may or may not make actual place making improvements apart from MDC or large redevelopment projects, but we will be preserving for them. How is the plan best used? That's a little more subjective, but the heart of this plan really is designed to convey the idea of partnerships. The plan doesn't have to be illustrative to describe sidewalk alignments and thou shalt build and install type language. Meridian City Council September 2, 2014 Page 24 of 30 In most cases only sidewalk and preservation for future improvements are required. It is illustrated to be transparent to encourage ease of use and promote joint efforts, to show all the bits and pieces and considerations altogether. We would at this time be supportive of the currently adopted plan, studies, and good urban design principles, which contribute to the unique placement opportunities that our downtown be set apart from all the other competing suburban developments. It is hoped that this plan can be a benefit to and be used by MDC to take it as a context -- excuse me -- context of efforts to explore opportunities for the greatest return and may also be used as a starting point for specific concept plans and construction of actual improvements. Where do we go from here? Next step. ACHD will hopefully be integrating this in to the master street map with their next update. Moving forward there is an opportunity for expansion. This is something we talked about internally and was also brought up by MDC. The city core is really a zoning designation and land use or destination downtown district. It's more of an overlay district and it doesn't necessarily cover all the areas it could or should. There is some areas being excluded outside of the city core that we may want to look at addressing, such as between Ada and Franklin, north of Carlton, or the residential areas. What's not here? It doesn't make money, but it does describe a whole host of expensive improvements, especially downtown in -fill, which typically is a mess of complicated infrastructure needs and unknowns. Some of this burden is going to fall on larger redevelopment and agencies, as it's not feasible to expect most of this in small parcel redevelopment. In fact, the plan says this. There is, essentially, three categories of redevelopment that outline broader higher level expectations and requirements. There is direction for agencies, for small parcel redevelopment, a majority block or greater of redevelopment. In all cases, though, it's really going to take everyone chipping in to get a lot of this done. There are suggestions for prioritization of improvements, but in most cases that will be something MDC will have to decide upon and lead. Really, this is going to be about finding grants and other sources of funding and occur over a very long period of time. This plan doesn't necessarily depict the only way to go about doing things. Some elements may morph a bit. The cross-sections will support critical pedestrian considerations. It will be consistent with other adopted plans and studies. It will encourage good urban design practices and make needed quality of life improvements to foster a vibrant and active environment. Staff is looking for adoption of this plan as an addendum to the comp plan. It will simply be added to Chapter 7 by adding to a list of other adopted plans under -- in line with other plans and resources. With that I will stand for any questions. De Weerd: Thank you, Brian. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Brian, thanks for sharing this tonight and you touched on, obviously, the variety of outreach that you did. I didn't happen to notice if -- that others if they knew -- the Meridian downtown business owners group, have you provided any outreach to them? What has their response been to this, and are they involved? Meridian City Council September 2, 2014 Page 25 of 30 McClure: Mayor, Councilman Cavener, no, we have not. I'm afraid this plan has not gone anywhere since -- I think before that -- that thing started. It's been going through the loops, basically. We could, I guess, but we have not. I would emphasize that most of the plan is based off the existing plan and policy that is adopted and I think Caleb wants to chime in. Hood: Sorry, Madam Mayor, Councilman Cavener. I did want to just point out, though, that in that slide Brian did outreach to all of the businesses, just not through that arm. Not through the dba, but individually reached out to those businesses as intended. So, yes, but no. We haven't done it again through that established dba, but did try to reach out to most all of those that would be part of the dba on a one-on-one basis. Cavener: Okay. Thank you. De Weerd: You did knock on a few doors, didn't you? McClure: Yes. Bird: They did. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Just a comment that a couple things really stand out I think in the plan. One, it's not cast in concrete. Meaning, two, that it's flexible and I think it's -- it's a good vision and it's a good place to start, but it's not necessarily the finish, because there are so many different scenarios in that little piece of our world out there that -- but it still relates to creativity to come up with solutions that are going to be good for everybody. I appreciate the effort and I really appreciate the flexibility in the documents. McClure: Thank you. De Weerd: Any other questions from Council? This is a public hearing. Is there anyone who would like to provide testimony on this item? I would just like to also give my thanks to Brian and Caleb -- in particular Brian. You have spent a lot of time and effort reaching out and trying to -- to deliver a product, as Councilman Rountree mentioned, is flexible, comprehensive, understandable, and this gives a lot of detail, it gives visual, so people have a greater understanding. So, whether you're visual or someone that likes to read it, you appeal to all of those and your attention to detail and your extra efforts I think have -- shows very nicely in this document. So, thank you. McClure: Thank you De Weerd: Council? Rountree: Madam Mayor? Meridian City Council September 2, 2014 Page 26 of 30 De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing Item 7-J, CPAT 14-002. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 74 All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the master street plan for the City of Meridian as presented here this evening and have it referenced in the Comprehensive Plan. Borton: Second. De Weerd: I have a motion and a second to approve this item. Nary: Madam Mayor, we will bring a resolution back. De Weerd: All right. Rountree: And resolution will follow? Nary: Yes. De Weerd: Okay. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports A. Mayor's Office: Resolution No. 14-1008: A Resolution re- appointing William Fitzgerald as Youth Member to the Parks and Recreation Commission Meridian City Council September 2, 2014 Page 27 of 30 B. Mayor's Office: Resolution No. 14-1009: A Resolution Re - Appointing Joely Walters as the Youth Member to the Historic Preservation Commission Approved C. Mayor's Office: Resolution No. 14-1010: A Resolution re- appointing Ashlyn Morlock as Youth Member to the Solid Waste Advisory Commission De Weerd: Council, the next three items are reappointments for our youth members. All three of these youth members served over this last year on their respective commissions. They -- all three have been requested to continue to serve; because they were dependable and engaged and a participant. So, I would stand to answer any questions you might have on Items A -- 8-A, B and C. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not a question, just more of a comment. I have had the opportunity to work with two of out three of these members and I find them to be great representatives of not just the youth in our community, but our city at large. De Weerd: Thank you. I imagine, Mr. Cavener, that's why we had the request from the various commissions to have them continue to serve. Cavener: Very much. De Weerd: Any other questions from Council? I would ask for your approval of these appointments. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the appointments in Items 8-A, 8-B and 8-C. Cavener: Second. De Weerd: We have a motion and a second to approve the resolutions with the youth member appointments as detailed in Items A, B and C. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. Meridian City Council September 2, 2014 Page 28 of 30 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1623: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones De Weerd: Item 9-A, Ordinance 14-1623. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1623, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, pertaining to landscape buffers, balancing for daycares, the public meeting process, parking along arterial and collector streets, posting for public hearings, cul-de-sac measurement and removal of construction sand and gravel mining as a conditional use in a residential zone and other miscellaneous cleanup items and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1623 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council September 2, 2014 Page 29 of 30 Item 10: Future Meeting Topics De Weerd: Item 10. Council, any items for future meetings? Item 11: Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Hearing none I would entertain a motion to adjourn into Executive Session per Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Zaremba: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. One abstain. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. EXECUTIVE SESSION: (7:10 p.m. to 8:35 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved. Meridian City Council September 2, 2014 Page 30 of 30 Borton: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) �u✓i��L` �c 9 /!� / ) Lt MAYOR TA"Y DE WEERD DATE APPROVED o�Ptrn ucts. ATTEST: oma` J s° C,ty YCE`EJHQLMA'P,t, EIS -GL -E G� SEAL p Changes to Agenda: Item #7H: Southridge Commercial (RZ-14.005) — The applicant has requested this item be continued to the September 16th Council meeting. Item #71), E & F: Shallow Creek (AZ -14-008, PP -14-008 and CUP -14-005) Application(s): Annexation, preliminary plat and conditional use permit Location: The subject property is located on the southeast corner of S. Locust Grove Road and E. Franklin Road. Summary of Request: The City Council heard the annexation, preliminary plat and conditional use permit request for this property on July 22nd. At that meeting, the Council directed the applicant to modify plans to address the following concerns: ➢ the lack of perimeter fencing; ➢ density; and ➢ no children's amenities. The applicant has revised the site plan that was presented to Council at the July 22nd hearing as follows: 1. The applicant is proposing a 4 -foot tall decorative wrought iron fence along the north and east boundary of the development with limited access to the adjacent pathway. A detail of the fence has been provided on the revised site plan. 2. The applicant has reduced the number of dwelling units on the site from 68 to 64. This has decreased the gross density of the project from 11.6 dwelling units to the acre to 10.9 dwelling units to the acre. With the decrease in the number of units, the applicant was able to reduce the number of parking stalls from 136 to 131. The revised plan complies with the parking requirements of the UDC. 3. The applicant has relocated the clubhouse away from the north boundary and oriented it more central to the proposed development. Rather than incorporate a children's play structure, the applicant is proposing a pool and covered patio next to the clubhouse. Staff supports the changes proposed by the applicant. If the Council supports the revised plan staff is recommending the following DA provisions and conditions of approval be updated to reflect the proposed changes to the plan: 1. DA provision a. - A maximum of 58 64 multi -family units shall be constructed on the site. 2. DA provision c. - The site shall develop with 395 3.82 acres of common open space as proposed. 3. Add to condition of approval 1.2.2, bullet #4 — The applicant shall construct a 4 -foot tall decorative wrought iron fence along the north and east boundary of the development as proposed on the revised site plan, dated 08/15/14. 4. Modify condition of approval 1.5.2, bullet #2 - Provide a minimum of 3:85 3.82 acres of common open space as proposed. The applicant shall provide the following qualifying amenities: 1) a covered picnic area, 2) large open grassy area, 3) clubhouse with covered patio, a pool and 4) a 10 -foot multi -use pathway as proposed. Written Testimony: The applicant is in agreement with the modified conditions in the staff memo. Staff Recommendation: Approval Outstanding Issue: None. Notes: Item #7G: Reflection Ridge No. 4 (FP -14.037) Application(s): Final plat Size of property, existing zoning, and location: This site consists of 13.9 acres of land, is currently zoned R-8, and is located approximately %2 mile south of E. Victory Road & west of S. Locust Grove Road. Summary of Request: The proposed final plat depicts 44 single-family residential building lots & 5 common lots on 13.9 acres of land in an R-8 zoning district. The layout of the proposed final plat differs from the same area shown on the approved preliminary plat. The applicant has submitted a revised site layout that depicts the overall changes to the plat. Staff has reviewed the revised layout and finds the proposed final plat to be in substantial compliance with the approved preliminary plat in accord with UDC requirements. Written Testimony: Pat Colwell, Applicant's Representative (in agreement with the staff report) Staff Recommendation: Approval w/conditions Notes: Item #71: Existing Conditions Report Update (2014) (CPAT 14.001) Application(s): Text amendment to the Comprehensive Plan Summary of Request: The subject application proposes a host of changes to the Existing Conditions Report (ECR) which includes revising the text; updating the facts and figures; and reformatting the entire report. In 2011, the City adopted the Existing Conditions Report with the understanding that it would be regularly updated and maintained to reflect current conditions in the City. Since the ECR was drafted, the city limits have expanded, a number of very large developments have opened, and the City's population has increased by approximately 10,000 people. This update to the ECR reflects these and other changes in our community, and provides updates across a score of metrics from demographics and housing to services. In addition to updated population and housing related metrics, City staff has also updated the land use and zoning areas, job force and employment statistics, educational attainment values, retail/office inventories, identification and expansion of City services, updates on City initiatives and community projects, park and open space descriptions, and some consolidation of topics. These efforts were largely handled in coordination with other City departments. The Planning Division requested other division and department staff update sections of the ECR, relevant to their department, positions, and interests. They were also encouraged to provide general comments of the plan as a whole. Staff also coordinated with COMPASS, Joint School District No. 2, and others to update relevant sections of the ECR. Based on the input provided, Staff is not aware of any opposition to the proposed text amendment. Staff believes the proposed amendment to the text of the ECR provides an improved guide to future growth in Meridian. Commission Recommendation: Recommended approval at the August 7th hearing. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Item #7J: Downtown Master Street Plan (CPAT 14.002) Application(s): Text amendment to the Comprehensive Plan Summary of Request: The Planning Division has submitted an application for a Comprehensive Plan Text Amendment (CPAT) to incorporate the draft Downtown Master Street Plan as an addendum to the Comprehensive Plan. The DMSP is an entirely new plan to add to the City's list of guiding documents. Specific cross-sections are identified in the plan for each street segment within the City Core and a few key entryway corridors into downtown. These cross-sections include descriptions and locations of sidewalks, parkways, street furnishing zones (lighting, tree -grates, etc.), back of curb, parking configurations, and more. It is worth noting that on many streets no single cross-section will work in every circumstance. For this reason, street cross-section designs are meant to flexible and allow for creative alternatives. Public outreach consisted of sending out several hundred postcards to every property owner within the planning area, inviting them to an open house; going door to door and leaving postcards with many stakeholders having previously expressed interest or which were thought to be most impacted. The creation of the DMSP was guided by a working group made up of ACHD staff, MDC representatives, and City staff. Based on the input provided, Staff is not aware of any opposition to the proposed text amendment. Staff believes the proposed DMSP as an addendum to the Comprehensive Plan provides an improved guide for future growth in Downtown Meridian, Commission Recommendation: Recommended approval at the August 7th hearing. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Timing and process for requiring the street improvements based on the scale of the project and who will be responsible for the improvements. Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council i. None Written Testimony since Commission Hearing: None Notes: -� - �-agneJEA ITEM TITLE: APPROVE MINUTES Approve Minutes of July 8, 2014 City Council Budget Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: • •- • • r !hUSSINA&I1,11 told Approve Minutes of August 19, 2014 City Council PreCouncil Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September Approve Minutes of August 19, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes OFFICE F11,14L.4 O1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 2,2014 NIZIP1111=01W41T111 Approve Minutes of August 26, 2014 City Council Meeting WEETIVIS NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Recreational Pathway Easement Between Solterra Subdivision No. 1 and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-071993 BOISE IDAHO Pgs=S BONNIE 09/04/2014 01:13 PM MERIDIAN CIN NO FEE 1111111111111111111111111111111111111111111111111 00017957201400719930050058 RECREATIONAL PATHWAY EASEMENT lod THIS AGREEMENT, made and entered into this OD ' day of �)C? .tyi 6& , 2014, between CT Holdings, LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of allp ersons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: IL ` 1 BY: Its: r STATE OF IDAHO ) ss County of Ada ) On this da of �'��. � `� • y , 20 14, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the � 1c, tjt-, , - i k- l . that executed the within instrument, and acknowledged to me that such company executed the same. p y IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aboy� ftQj). TAR NOTARY PUBLIC FOR IDAH Residing at: •� •••� •••• O ��� Commission Expires. j last'sle OF VDS •••...,� Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de'W Attest by Ja yor Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) . ss. County of Ada ) On this n day ofN�pi(,ry) bt-ps,(_, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Recreational Pathway Easement AIRY PUBLIC FOR ID -MIO Residing at: Qc/r (d a ►'t f j� Commission Expires: LEGAL DESCRIPTION FOR SOLTERRA SUBDIVISION No. 1 RECREATIONAL PATHWAY EASEMENT An easement located in the Southwest 1/4 of the Southeast 114 of Section 5, Township 3 Forth, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89048'83" Vilest with the distance between monuments found to be 2643.98 feet. BEGINNING at point on the Northerly right-of-way of N. Hickory Way from which the Southeast section corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, bears South 74°37'33" East a distance of 2,278.88 feet; thence along said Northerly right-of-way along a curve to the left, with a radius of 430.00 feet and a central angle of 01°33'47« an arc length of 11.73 feet with a chord bearing of North 55°04`26" West and a chord distance of 11.73 feet; thence leaving said Northerly right-of-way North 31"22'05" East a distance of 13.88 feet; thence along a curve to the left with a radius of 171.00 feet and a central angle of 29°18'55" an arc length of 87.49 feet with a chord bearing of North 16°42'38" East, and a chord distance of 85.54 feet; thence North 02°03'10" East a distance of 28.97 feet; thence South 48°20'11" East a distance of 9.41 feet; thence South 02°03'10" west a distance of 22.97 feet; thence along a curve to the right with a radius of 178.25 feet and a central angle of 29°18'22" an arc length of 91.17 feet with a chord bearing of South 16°42'21" Vilest, and a chord distance of 90.18 feet; thence South 29045'10" West a distance of 11.05 feet; thence South 17044'49" East a distance of 5.48 feet to the POINT OF BEGINNING. Said easement containing 948 square feet or 0.02 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 485-5687. 4 t 0o O N r mmmw� zone BMW r ciar,CIO ul W) CD, LL ar IYi ti 1 � Q z o \ >�z= j �<to Od ZW 0 U) ZD C wCl t� w _ w C) W to of z pp oc o ° U) F - L4 CA \ Ulm R / L6 . 09 Z M M coco W t ao € L I I � DATE: September 2, 2014 ITEM NUMBER:5 PROJECT1®035 ITEM TITLE: ISOLA CREEK Final Order for Approval: FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 50 SINGLE- FAMILY RESIDENTIAL LOTS AND 4 COMMON LOTS ON 16.17 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR ISOLA CREED SUBDIVISION NO.2 BY: ISOLA CREEK, LLC APPLICANT HEARING DATE: AUGUST 19, 2014 CASE NO. FP -14-035 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 19, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ISOLA CREEK SUBDIVISION NO. 2, LOCATED IN THE SW/40F SECTION 25, TAN., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 06/30/14, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning Division and the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ISOLA CREEK SUBDIVISION NO. 2 (FP -14-035) Pagel of 3 Development Services Division of the Community Development Department dated August 19, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ISOLA CREEK SUBDIVISION NO.2 (FP -14-035) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of Attest: Jaycee H,6. City Clerk —02,- 2014. Ron Tammy de, We'erd Mayor, City of Meridian Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: C\ Dated:. SI ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ISOLA CREEK , SUBDIVISION NO. 2 (FP -14-035) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: August 19, 2014 E IDIAN."awl I TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-035 — Isola Creek No. 2 L APPLICATION SUMMARY The applicant has applied for final plat (FP) approval for fifty (50) single-family residential building lots and four (4) common lots on approximately 16.17 acres of land in the R-4 zoning district. IL STAFF RE COMMENDATION/DECISION Staff recommends approval of the Isola Creek Subdivision No. 2 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-035 as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-035, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-035 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: (Parcel #'s: SO435325620) The site is located east of N. Ten Mile Road and north of W. Ustick Road in the SW 1/a of Section 25, Township 4N, Range 1 W. B. Applicant/Owner: Isola Creek, LLC 3103 W. Sheryl Drive, Ste. 100 Meridian, Idaho 83642 C. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, Idaho 83642 Isola Creek Subdivision No. 2 FP -14-035 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat consists of fifty (50) single-family residential building lots and four (4) common lots on 16.17 acres of land in the R-4 zoning district. The average lot size for the residential portion of the development is 11,014 square feet. The gross density of the development is 3.09 dwelling units per acre with a net density of 3.80 dwelling units per acre. The proposed open space for the second phase consists of 8 -foot wide parkways, passive open space and a micropath. The common open space proposed for this phase of development is 0.91 acres which totals approximately 5.6%. The open space complies with the overall open space approved with the Isola Creek development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -12-004). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of qualified open space has increased, staff deems the final plat to be in substantial compliance as required by UDC 11 -6B -3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Isola Creek annexation (AZ -12-008); preliminary plat (PP -12-004) and recorded development agreement (DA #113021828). 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the City Engineer's signature on a previous final plat (November 4, 2015) or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Solutions, LLP, stamped on June 30, 2014, by Clinton W. Hansen, shall be revised as follows: a. Note #10: Remove instrument #113059372 and replace with instrument #113021828. 5. The landscape plan prepared by Jensen Belts Associates, dated 06/27/14, is approved as submitted. 6. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. The applicant shall comply with the submitted home elevations approved with the annexation of the property and incorporated into the recorded development agreement. 10. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. Isola Creels Subdivision No. 2 FP -14-035 PAGE 2 EXHIBIT A VII. GENERAL REQUIREMENTS I. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 4. Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 7. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 8. Street signs are to be in place, water and sewer system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 9. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 10. All development improvements, including but not limited to sewer, water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensue that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Isola Creek Subdivision No. 2 FP -14-035 PAGE 3 EXHIBIT A 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 17. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 19. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Sheet Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 20. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 21. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The suety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 22. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Isola Creek Subdivision No. 2 FP -14-035 PAGE 4 EXHIBIT A VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -12-004) C. Proposed Final Plat (stamped/dated: 06/30/14) D. Proposed Landscape Plan (dated: 06/27/14) Isola Creek Subdivision No. 2 FP -14-035 PAGE 5 Exhibit A — Vicinity Map EXHIBIT A ISOLA CREEK SUBDIVISION NO. 2 VICINITY MAP - 1"=600' LOCATED IN THE stud Y4 OF SECTION 14N., R. 1 VV., HJ41- MERIDIAN, ADA COUN'FY, IDAHO I m Isola Creek Subdivision No. 2 FP -14-035 PAGE 6 EXHIBIT A Exhibit B — Appt•oved Preliminary Plat (PP -12-004) Isola Creek Subdivision No. 2 FP -14-035 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 06/30/14) �j/��q��� PLAT SHOVANNGG! VIR0q41 �y�! A LOCATED IN THE SW H OF SECTION 35, TAN., RAW., B.M. l d MERIDIAN, ADA COUNTY, IDAHO + 53". EYWM' i o'n'r 2014 N1 ,ft iN 0 IW Xd J'A .--- Rau It i AGSM 6 tln fi.n,:t"a t' ----------- �1(A'Fttvx - • � /Yd •jMM \L T T- i -.---T _..T_. 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IFillrJ( IWI,,i0 - r: a `ae ISOLA CREIX LLC ',. r_: 11118 rc�t.aen 1. ,�,"rs'r: < 3•t/1•vgx E A 4,m � NG/NE£N1NG �n v,r.Y • ,: n„ ,n, a n .r s : G ,Y, !, E C = �ic1S a9taP7oi�c l s .A � >v, �A , ,� w� �� , gra•, rzl, p . -- SHEET 1 Of 3 VOIDiIONS Isola Creek Subdivision No. 2 FP -14-035 PAGE 8 EXHIBIT A Exhibit D —Proposed Landscape Plan (dated: 06/27/14) MATCMWS U MAO =1 m � � r � j � � ,a �I� � I:� ITT A �3 IiC agg —7� PLANT 5 HEMLE . 2 5 NOTE fly t fi s 'JO MATCHUNE L2 MATC+LNT Ll KEY MAP S if �alll �W L2 Isola Creek Subdivision No. 2 FP -14-035 PAGE 9 1 10145 C� LANDSAP'L' NOILS I AND -1— 11 1 1 agg —7� PLANT 5 HEMLE . 2 5 NOTE fly t fi s 'JO MATCHUNE L2 MATC+LNT Ll KEY MAP S if �alll �W L2 Isola Creek Subdivision No. 2 FP -14-035 PAGE 9 1 10145 C� LANDSAP'L' NOILS PLANT 5CHWULr 2 KEY MAP % Bg L nrr munin V I': I. I .. ......... Ej agg —7� PLANT 5 HEMLE . 2 5 NOTE fly t fi s 'JO MATCHUNE L2 MATC+LNT Ll KEY MAP S if �alll �W L2 Isola Creek Subdivision No. 2 FP -14-035 PAGE 9 EXHIBIT A Isola Creek Subdivision No. 2 FP -14-035 PAGE 10 E H WEERING NGI planning and engineering communities for fhe ldure LLP August 13, 2014 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@,gwestoffice.net Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Isola Creels Subdivision Pio. 2 Final Plat File No. FP -14-035 Dear Mayor and Council: We have reviewed staff comments for the Meridian City Council meeting of August 19, 2014, and have the following responses: SITE SPECIFIC CONDITIONS 1. The applicant will comply. 2. Understood. 3. The applicant will comply. 4. The instrument number will be corrected. 5. Noted. 6. The applicant will comply. 7. Understood. 8. Understood. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. C:ADocuments\2013\131206 Isola Creek Subdivision No. 2\RecsResponse.doc Mayor and City Council August 13, 2014 Page 2 GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. Understood. 11. The applicant will comply. 12. Understood. 13. Understood. 14. The applicant will comply. 15. The applicant will comply. 16. The certification was submitted as part of the final plat application. 17. Tlie applicant will comply. 18. Understood. 19. The applicant will comply. 20. The applicant will comply. 21. The applicant will comply. 22. The applicant will comply. C:ADocumentsQ1013\I31206 Isola Creek Subdivision No. 2\ReesResponse.doe Mayor and City Council August 13, 2014 Page 3 23. The applicant will comply. We appreciate staff s review of this project and ask that the project be approved as requested. Thank you! Sincerely, Eugi eying Solutions, LLP Becky McKa Planner BM:ss cc: Coleman Homes LLC C..^\Documents\2013\I 31206 Isola Creek Subdivision No. 2\RecsResponse.doc September Final Order for Approval: FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 6 SINGLE- FAMILY RESIDENTIAL LOTS AND 2 COMMON LOTS ON 6.77 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR CENTER COMMUNITY SUBDIVISION BY: OAK LEAF DEVELOPMENT COMPANY, APPLICANT HEARING DATE: AUGUST 19, 2014 CASE NO. FP -14-036 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 19, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CENTER COMMUNITY SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE 1, LOCATED WITHIN PORTIONS OF THE SOUTH HALF OF SECTION 22, TAN., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 07/01/14, PATRICK J. SCHEFFLER, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTER COMMUNITY SUBDIVISION (FP -14-036) Page 1 of 3 OF 4," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning Division and the Development Services Division of the Community Development Department dated August 19, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Barry Semple, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTER COMMUNITY SUBDIVISION (FP -14-036) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2014. Tammy de, Weerd -Mayor, City of Meridian Attest: r, �f Jaycee Henan S'_`,!'` , City Clerics, day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By • , Dated: �4 bot 4 � ��- �;'` � ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTER COMMUNITY SUBDIVISION (FP -14-036) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: August 19, 2014 E IDIAN"awl "I TO: Mayor and City Council FROM: Justin Lucas, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-036 — Center Community Subdivision I. APPLICATION SUMMARY The applicant has applied for final plat (FP) approval for six (6) single-family residential building lots and two (2) common lots on approximately 6.77 acres of land in the R-15 zoning districts. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Center Community Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-036 as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-036, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-036 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 6651 N Tree Farm Way, in the SE'/4 of Section 22, Township 4 North, Range 1 West. (Parcel #: R4588420010) B. Applicant: Oak Leaf Development Company 4042 W Chinden Blvd Meridian, ID 83646 C. Owners: SPURWING GREENS MASTER ASSOCIATION INC Center Community Subdivision FP -14-036 PAGE 1 EXHIBIT A 12610 W Explorer Drive, Suite 200 Boise, ID 83713 D. Representative: Barry Semple River Ridge Engineering 2247 S Vista Ave Boise, ID 8370583642 V. STAFF ANALYSIS The proposed final plat depicts six (6) single-family residential building lots and two (2) common lots on 6.77 acres of land in the R-15 zoning districts. The average lot size of the development is 8,712 square feet. The gross/net density of the development is .88 dwelling units per acre. Qualifying open space proposed for the development is 5.32 acres which totals approximately 78.5% of the subdivision. The open space consists of a large grassy area, pond/water feature, and community pool. The proposed open space complies with the project open space approved with the Center Community preliminary plat. The residential lots and open space within this subdivision are included in the Spurwing Greens Master Association. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per UDC11-6B-3C as the number of buildable lots and the amount of open space are the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Tree Farm annexation (AZ -06-004), Center Community preliminary plat (PP -13-026) and recorded development agreement (DA #114054272). 2. The applicant has until June 3, 2016 to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group, stamped on July 1, 2014 by Patrick J. Scheffler, shall be revised as follows: a. Note #4: Insert the recorded instrument number 114054272. b. Page 2 of 4 -Create 10 -foot wide Public Utility, Drainage and Irrigation Easements centered on all interior lot lines. c. Page 2 of 4 — Easements along front and rear lot line of Lots 1-5, Block 1 shall be noted as being Public Utility, Drainage and Irrigation Easements. 5. The landscape plan prepared by Jensen Belts, dated 07/07/14, is approved as submitted. 6. Lots 1-6, Block 1 take access from a common driveway and shall comply with the setback s and building envelopes outlined in the approved preliminary plat, attached as Exhibit B. 7. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. Center Community Subdivision FP -14-036 PAGE 2 EXHIBIT A 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. Prior to the issuance of any new building permit for the residential lots, the property shall be subdivided in accordance with the UDC. 10. The applicant shall comply with the submitted elevations approved with the preliminary plat. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. VII. GENERAL REQUIREMENTS 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department and United Water of Idaho, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 4. Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 6. Any existing domestic wells within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 7. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 8. Street signs are to be in place, water and sewer system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 9. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. Center Community Subdivision FP -14-036 PAGE 3 EXHIBIT A 10. All development improvements, including but not limited to sewer, water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 17. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 19. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 20. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 21. The City of Meridian requires that the owner post to the City a warranty suety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 22. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but Center Community Subdivision FP -14-036 PAGE 4 EXHIBIT A rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat (stamped/dated: 05/08/14) D. Proposed Landscape Plan (dated: 05/07/14) Center Community Subdivision FP -14-036 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Center Community Subdivision FP -14-036 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat iL,Gi tt45 xJ'1 PCtt NFN AP's it0 Ynt MJJ NRx ails PO g mato AO KiJA tJ� 1. lm 1 K A (duY {ga(ur itf fv:MtA A;c6! FA lN) 11tY.J.SM Yu8>RI.s>=. tG Icr La+rJ 4n W%vm n ra< R.X.¢o cae¢ Y.(+I ARAN KTS kW'��Art PxPWC m'PPA kislf lPSl�i)"�) wss mm: ,' roh: -bOw4m m u,:ai (Po-ss.a � nar s: sM. ik -) r -M" 'rR �R •»� Bh f3Ptib1'S.I Center Community Subdivision FP -14-036 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 07/07/14) UOTES, PLAT SHOVANG CENTER COACWWI77SUBDIVISION A RESUBDIVISION OF LOT 1, BLOCK 1, JAYKER SUBDINASION PHASE I LOCATED WITHIN PORTIONS OF THE SOUTH 1/2 OF SECTION 22 TAN, RAW., S.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2014 11H �A --T -PA —=T CJ LOlie¢ I I I "MMKWIfT 11 4 W I T1111-ibi lRPmiI 141:1,-111. —T-11 Be JL SCALE: V - 100' LE= KOM, ss<fii 21 22'n ��SW. 28 27 WAY20/26 27 CRNTAXK M SM, 1w, JL SCALE: V - 100' LE= Center Community Subdivision FP -14-036 PAGE 8 KOM, "V MOTIT 11-11 --.1- 22 21 27 28 ewu&s A64 1H hX Center Community Subdivision FP -14-036 PAGE 8 EXHIBIT A PLAT SHCWNO CENTER COAVIONITYSUBDIVISION A RESUBDIVISION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE I, LOCATED WITHIN PORTIONS OF THE SOUTH 1/2 OF SECTION 22 T.4N., R.M. B.M. CITY OF MERIAIAN, AAA COUNTY, IDAHO 2014 SCALE, V = SC' = _ I �c iREE flFsl WAY L `6[GSPr e ll. f fr` fir\ Te.�lr r�+y l f n, 4 01k -------------- Ham„ { Coir 1_ o� ; Q ca rc= cv .. �' 1 . G2 fA4�nT f}OTES - ....._.."-_, .......... . .. ..... . . � \1A 1� S°C91"W GlYMS A14SIFR.4.'Jra IKW AST: rc t S «- f rt-ucv) aa_xn fr+sr..c ur r O i 6 BAL w1�0 I a, wt • 9 1/rT IDAW SURVEY r4N++o Mrx a rcurts .2.w m_ _�xH ORPA w.2, rs.xc OUP.i�3� "ro'r " . 69^ Center Community Subdivision FP -14-036 PAGE 9 EXHIBIT A Exhibit D —Proposed Landscape Plan (dated: 05/07/14) PLANT PALETTE ,iw»mow. .. .y„ris4v':.�m. iwu. — ��...�� x; VA # �.• a `C�,..�:,� �..�� Vii' �1�Y.wa �� NOTES LANDSCAPE CALCULATIONS dry ��-1rc� Center Community Subdivision FP -14-036 PAGE 10 RiveRidge Engineering Company \4 //?\ August 13, 2014 Justin Lucas City of Meridian Community Development Planning Division 33 E. Broadway Ave., Suite 102 Meridian, ID 83642 RE: Center Community Subdivision FP -14-036 Dear Justin, We have reviewed the Staff Report for the City Council hearing on August 19, 2014, for the referenced project, and are in agreement with the Conditions of Approval as stated. If you have any questions or need any further information, please contact me Sincerely, Barry S. ple, E. Project pager RiveRidge Engineering Company cc: Oak Leaf Development Company, Inc. 2447 S. Vista Avenue . Boise, ID 83705 208-344-1180 0 208-344-1182 • • r September --O 00• - ITE ll TITLE: VICTORY MIDDLE SCHOOL Findings of Fact, Conclusions of Law for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 2014 ITEM NUMBER: 51 ITEM TITLE: VICTORY MIDDLE •• Findings of Fact, Conclusions of Law for Approval: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IDIAN�--- DAHC In the Matter of the Request for Annexation and Zoning of 28.64 Acres of Land with an R-4 Zoning District; and Conditional Use Permit for a Public Education Institution in an R-4 Zoning District for Victory Middle School, Located at 2045 S. Stoddard Road, by the Joint School District No. 2. Case No(s). AZ -14-006; CUP -14-003 For the City Council Hearing Date of: August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. 2. The applicant's request for a conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-313). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -2- final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -3- By action of the City Council at its regular meeting held on the day ofg , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED U,"'9k, COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED "' COUNCIL MEMBER JOE BORTON VOTEDu COUNCIL MEMBER LUKE CAVENER VOTED R: { Attest: 11 0 1, i Jaycee Halman + r, 4 i • � h . �r City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Bye Dated: City erl spfflce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -4- EXHIBIT A STAFF REPORT Hearing Date: August 19, 2014 CfE F,1DIAN TO: Mayor & City Council O FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-006; CUP -14-003 —Victory Middle School I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has submitted an application for annexation and zoning (AZ) of 28.64 acres of land with an R-4 zoning district. A conditional use permit (CUP) is also proposed for a public education institution (middle school) in an R-4 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on .Tune 5. and July 17, 2014. At the public hearing on July 17, 2014, the Commission moved to recommend approval of the subject AZ. and CUP regne�sts. a. Summary of Commission Public Hearing: i. In favor: Scott Henson ii. In 0000sition: None iii. Commenting: None iv. Written testimony: Scott Henson and Joint School District No. 2 v. Staff presenting application: Sonya Watters A. Other staff commenting on aimlication: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Victory/Stoddard and Linder/Kodiak intersections. c. Key Commission Change(s) to Staff Recommendation: L The Commission modified condition #1.1.15 and deleted conditions #7.1.15 and #7.1.16 to not reauire the school district to host a bond to fund the future HAWK signals and school flashers at the intersection of Victory and Stoddard Roads. d. Outstanding Issue(s) for City Council: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Linder/Kodiak roads. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 1 1MII131W.1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 Y I 11 1 1 IMIIIA••� I II I I 11 11 11 1 1 1 11 11 1 1 1 1 III II ' I I' I I 1 1 I I 1 1 11 1 1 1 1 Jill 1 1 11 1 1 •mrMPRIMIRIM.1 1 1 1 11 1 1�� 11 11 111 IY. WNW 1 I II' I III II 1 1 1I II \ III II'II II I LW 11 Kill11 I 6� KXKU I I M11MRIEWHINM 11 1 1 1 1 1 1 1 1 I' 1 I 1 I' I11 1 • 11 1 1111111111 TIMm. .1 1 I 9.11.5 FIN11. 1 1 1 1 1' 1 1 1 11 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 1DK4:1130W.1 D. Representative: Ken Gallegos, LCA Architects 1221 Shoreline Ln. Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 19, and June 2, 2014 (Commission); A& 28. and August 11, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: May 8, 2014 (Commission); Juh 24 2014 (City Council) D. Applicant posted notice on site(s) on: June 4, 2014 (Commission); August 5. 2014 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of single-family residential/agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Idaho Power substation, zoned RUT in Ada County 2. East: S. Stoddard Road and single-family residential properties in Bear Creek Subdivision, zoned R-4 3. South: Church and future single-family residential properties in Fall Creek Subdivision, zoned R-8 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: A property boundary adjustment was recently approved in Ada County that created the boundary of the subject property, recorded as record of survey No. 9666. D. Utilities: 1. Location of sewer: Sanitary sewer service to the proposed site currently exists in W. Kodiak Drive. 2. Location of water: Domestic water service to the proposed site currently exists in W. Kodiak Drive and S. Stoddard Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 3 I ►:111130WA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (PLUM) contained in the Comprehensive Plan. MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. The applicant proposes to annex the subject property with an R-4 zoning district, consistent with the MDR designation, and develop a public education institution (middle school) on the site. The proposed use requires conditional use approval in the R-4 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support the location of school sites within every square mile." (3.02.01B) The proposed school will provide a school site within the subject square mile; there are few schools in the south Meridian area. • "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J) The proposed school should be compatible with adjacent existing and future residential neighborhoods and the church to the south. • "Ensure development provides safe routes and access to schools, parks and other community gathering places." (3.07.02N) The City, ACHD, and the school district have been working together to ensure safe routes and access to the proposed school are provided with development of the site. • "Encourage infill development." (3.01.02B) The subject property is surrounded by City annexed property on three sides; annexation of this infill property will allow city services to be extended to the property as intended and provided for. • "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses." (3.05.02E) The proposed school is much needed in this rural area of the City and should be compatible with adjacent residential uses. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A minimum 20 foot wide landscape buffer is required along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 & 11-3B-7. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 4 1*0411130WA • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) City services are available and will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for an education institution is listed as conditional use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 28.64 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR. A site plan was submitted as shown in Exhibit A.2 that depicts a 137,000 square foot (s.f.) education institution, which will include a football field, running track, soccer, and practice fields, tennis courts and parking for 322 vehicles. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is MDR, Staff believes the proposed R-4 zoning is appropriate for this property. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 5 1DK4:1130W.1 2. Conditional Use Permit The applicant requests conditional use approval of a 137,000 square foot two-story education institution on 28.64 acres of land in an R-4 zoning district for a public middle school. The school is proposed to serve approximately 1,000 students. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-14, Education Institution, as follows: Staff's comments are shown in italics. A. Accessory Uses: Accessory uses including, but not limited to, daycare facilities, community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed. 1. Community events shall include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business. The applicant is required to comply with this standard. 2. Curricular or extracurricular activities at an education institution shall include any sporting, musical, dramatic, artistic, fundraising or educational activities associated with any group, association, or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. The applicant is required to comply with this standard. 3. When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance. Not applicable 4. Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. (Ord. 10-1463, 11-3-2010, eff. 11-8- 2010) The applicant is required to comply with this standard. B. Location Criteria for Elementary Schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. Not applicable C. Location Criteria for Middle Schools and High Schools: Middle and high schools may take access off a designated arterial or collector street. The proposed school will take access off of W. Kodiak Drive, a collector street. D. Exemption: An education institution with less than one hundred fifty (150) students or located within the TN -R district may be exempt from the requirements for open space, landscaping, parking and drop off areas. Not applicable E. Conditional Use Requirement: A conditional use permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district; Not applicable (The proposed school will be approximately 137,000 square feet.) Victory Middle School AZ -14-006; CLJP-14-003 PAGE 6 1*0411130WA 2. The education institution includes lighted fields adjoining or within a residential district; The applicant is not proposing lighting for the athletic fields on the site. 3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day; The Traffic Impact Study (TIS) estimates approximately 1,940 additional trips per day with the proposed use. 4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Pedestrianlbikeway accesses are depicted on the site plan for access to the school site. F. Portable Classrooms (Temporary and Permanent): The site plan for all education institutions shall include the location of any future portable classrooms (temporary and/or permanent). No portable classrooms are proposed at this time but the site plan does indicate space where portable classrooms may be located in the future. If portable classrooms are proposed in the future, these standards will apply. 1. Temporary Portables: A temporary portable classroom shall be an accessory use valid for a maximum period of four (4) years from the date of issuance of a certificate of occupancy. a. Temporary portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance approval but shall not be subject to design review. b. Temporary portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit but shall not be subject to design review. 2. Permanent Portables: Prior to the termination of the four (4) year permit, the applicant may request to convert a temporary portable classroom to a permanent portable classroom. a. Permanent portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance and design review approval. b. Permanent portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit and design review approval. 3. Permit Termination: Upon termination of the four (4) year permit, the temporary portable classroom approval shall be null and void and the applicant shall remove the structure immediately. 4. Standards: a. The portable classroom shall not be located in the front yard of the principal school structure. b. The portable classroom shall not be located in any required yard. c. The placement of the portable classroom shall not reduce the number of required off street parking spaces. d. The portable structures shall comply with the building code in accord with title 10 of this code. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 7 1*0411130WA e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building. f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. g. Where the portable classroom is located within two hundred feet (200') of a street and is visible from such a street, the portable classroom shall be screened from view of the street with a minimum of one evergreen tree per fifteen feet (15') of linear structure. The tree shall be a minimum of six feet (6) in height. (Ord. 10- 1461, 10-12-2010, eff. 10-18-2010) G. Additional Standards for Education Institution, Private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education. Not applicable H. Additional Standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Not applicable Idaho State Code: §67-6519(3) states, When considering an application which relates to a public school facility, the commission shall specifically review the application for the effect it will have on increased vehicular, bicycle and pedestrian volumes on adjacent roads and highways. To ensure that the state highway system or the local highway system can satisfactorily accommodate the proposed school project, the commission shall request the assistance of the Idaho transportation department if state highways are affected, or the local highway district with jurisdiction if the affected roads are not state highways. The Idaho transportation department, the appropriate local highway jurisdiction, or both as determined by the commission, shall review the application and shall report to the commission on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development on surrounding undeveloped parcels; zoning in the vicinity; access control on adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application. Ada County Highway District (ACHD) is the road authority responsible to report to the Commission on the above issues. ACHD has conducted a detailed review of the Idaho code requirements and provided analysis and conditions of approval in their staff report accordingly. The Commission and City Council should review ACHD's staff report for a detailed analysis of Idaho state code requirements. In addition to their conditions of approval, ACHD has provided recommendations to the City below based on their review. Pedestrian Improvements/Safety/Bussing Required by ACRD: ACHD is requiring the applicant to provide three (3) HAWK crossings and three (3) school flashers. The HAWK crossings are required on Stoddard Road near Kodiak Drive; on Linder Road near Kodiak Drive, approximately t/z mile west of the school; and on Victory Road near Stoddard Road, approximately t/z mile south of the school. School zone flashers are required on all 4 legs of the Stoddard/Kodiak intersection; on Linder Road near the Kodiak intersection; and on Victory Road Victory Middle School AZ -14-006; CLJP-14-003 PAGE 8 1*0411130WA near the Stoddard intersection. A summary of costs for these improvements is included in a table in Exhibit A.4. ACHD proposes to contribute approximately 1/3 of the cost for the improvements. ACHD has included several special recommendations to the City in their report as follows: Staff's responses are noted in italics. 1. To the extent possible, the City of Meridian should require the applicant to provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas should be provided based on the attached map. If bussing is not provided there are not adequate sidewalks or shoulders on many roads in the area. Staff agrees with this recommendation. 2. The City should require the applicant to provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive. This will be a major student crossing and street lighting can improve the safety for pedestrians. Staff agrees with this recommendation. 3. Kodiak Drive is constructed from Stoddard Road to just west of the school site. As development occurs, Kodiak Drive will extend to Linder Road. The City sewer has been extended in alignment with the future roadway. The extension of the road is dependent on phasing of development. To accommodate pedestrians in the area, the City and MSD should work to acquire/provide an easement for pedestrians from Linder Road to the school site. Staff cannot require the applicant to obtain an easement on property they do not own. Additionally, because of the development occurring on the Fall Creek site, staff feels it would not be safe route for children to get to school. Therefore, staff does not support this request. 4. Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off-site or on-site. Staff agrees with this recommendation. 5. As recommended by the TIS, provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north. Staff agrees with this recommendation. 6. As recommended by the TIS, manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future. Staff agrees with this recommendation. 7. As recommended by the TIS, the MSD should use crossing guards at key roadway crossing locations. Staff agrees with this recommendation. Staff has included the above noted items that staff agrees with as conditions of approval. Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the dimensional standards listed in UDC Table 11-2A-5. The proposed building is in compliance with the setback requirements of the R-4 zoning district. A 20 -foot wide landscape street buffer is Victory Middle School AZ -14-006; CLJP-14-003 PAGE 9 1*0411130WA required along S. Stoddard Road and W. Kodiak Drive as shown on the site plan. The maximum building height allowed in the R-4 district is 35 feet. Existing Structure(s): There is an existing residence and associated outbuildings on this site that are proposed to be removed. Removal of all structures should take place prior to issuance of building permits. Vehicular Access: The main access to this site is proposed on the site plan via three access driveways to/from W. Kodiak Drive; each driveway has one inbound lane and 2 outbound lanes. Typically, the City and ACRD would not support multiple driveways to a collector street as proposed; however, because the proposal allows for parent drop-off/pick-up to occur on-site and not on the street, staff and ACHD is supportive of the accesses proposed. There is a bus circulation driveway from the site to S. Stoddard Road which is restricted to an exit only that will align with Christopher Street on the east side of Stoddard Road. The driveway is proposed to be gated when not in use. ACHD has approved this access with the requirement an "Exit Only" sign for busses is provided. Staff is supportive of this access as proposed. Staff recommends access is restricted to those points shown on the site plan as approved by ACHD. The traffic impact study for this site estimates the proposed use will generate 1,940 additional vehicle trips per day. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to the site in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the subject property as shown in Exhibit A.2. A minimum 20 -foot wide street buffer is required along S. Stoddard Road and W. Kodiak Drive. Landscaping within these buffers is required to comply with the standards listed in UDC 11-313-7C. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 1I- 313 -8C. Tree Mitigation: There are existing trees on this site. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation information should be included on a revised landscape plan submitted with the Certificate of Zoning Compliance application in accord with UDC 11-313-1OC.5. Sidewalks: Detached sidewalks are required along collector streets as set forth in UDC 11-3A-17 as shown on the site/landscape plan. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. The site plan does not depict any pathways to adjacent properties. To promote neighborhood interconnectivity, staff recommends a pedestrian pathway is provided at the northwest corner of the site with a gate or opening to allow pedestrian access. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 10 1*0411130WA Staff also recommends a pedestrian crosswalk is provided across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. Parking: Based on the overall square footage of the proposed building (approximately 137,000 s.f.), a minimum of 274 parking spaces are required to be provided per UDC 11 -3C -6B. A total of 322 parking spaces are depicted on the site plan in compliance with UDC requirements. All parking should comply with the standards listed in UDC 11-3C-5. Bicycle parking is also required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. The site plan depicts several (8) bicycle racks on the site adjacent to the school building. Based on the number of parking spaces proposed, a minimum of 13 bicycle spaces are required; however, because of the type of use proposed, many more spaces will be necessary. The amount of bicycle parking proposed on the plan appears to be sufficient. Waterways: There are some irrigation ditches that cross this site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant submitted building elevations for the future school building as shown in Exhibit A.3. Building materials are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structure. A mix of 3 different colors of CMU is proposed. All structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Fencing: Six-foot tall chainlink fencing is proposed around the east, west, and north perimeter boundaries of the site. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Staff recommends a gate or opening in the fence is installed at the northwest corner of the site so that pedestrian access is available to the school site from adjacent (future) neighborhoods. Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. In summary, Staff recommends approval of the proposed annexation and conditional use permit request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHHtITS A. Drawings/Other 1. Vicinity Map 2. Proposed Siteffandscape Plan (dated: 5/7/14) 3. Proposed Elevations (dated: 1/3/14) 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) 5. Safety Bussing Map as Recommended by ACHD B. Agency & Department Comments/Conditions Victory Middle School AZ -14-006; CLJP-14-003 PAGE 11 1*.4161130W1 C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Victory Middle School AZ -14-006; CLJP-14-003 PAGE 12 I*0/1113YW.1 A. Drawings 1. Vicinity Map Exhibit A Page 1 2. Proposed Siteffandscape Plan (dated: 5/7/14) Exhibit A Page 1 EXHIBIT A iNloo 0 f �lvp- Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 j oullpiiiii rplpYj PRELIMINARY I [=APE PUN• EXHIBIT A iNloo 0 Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 worlwlr PRELIMINARY I [=APE PUN• II Hill! I i ---- — ------- I I mliatil�) Nip 4- ll� SCHOM mmkch6 PA sc� MTN" NEI DAM =.e- TF717711 �VDOIE PLAN -MEA iii 10.411131 W.1 i r_ w 3— 9 LIOLION w.v+ve�q f `•_ Kae °� awpsnea•g•m •ray � !!��!N O 3 a � i g 4 [ R A IM ll ' $ YMMFYM � ! m �{a%a i�ggp �Itlf ,*11ma■1 ( � � ( l�� | 4 /§ , -�;■ §, Big] IW4II131W.1 Y MNI.SRiVY�RR9 v4" tOb' IMP $OHM ANYNS CAXO F Rgi5i : �;}' ., . c a , MMYtlV�A s fJl I�fS€6 NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— YAM-uu; � FFFFF �QQ "p iI6I Y v4" tOb' IMP $OHM ANYNS CAXO F : �;}' ., . c a , MMYtlV�A s fJl NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— 5- 1W111130W41 3. Proposed Elevations (dated: 1/3/14) VICTORY MIDDLE SCHOOL ENTRY PERSPECTIVE .GAP. j O Jim VICTORY MIDDLE SCHOOL EXTERIOR ELEVATIONS �1 O e- 1111;11113 Y WA 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) k. Cost Summary for Pedestrian Safety — The overall costs for 3 HAWK crossings and 3 School Flashers is $431,000. Staff is recommending that ACHD contribute $140,000 for the design and construction of 2 HAWKS (approximately one-third of the cost for the improvements listed on the table). The MSD should construct the HAWK and associated school flashers on Stoddard at the Kodiak intersection; and should provide a road trust in the amount of $138,000 for the future pedestrian improvements- m rovements.Improvement Improvement Location Design Construction Hardware ACHD MSD HAWK Stoddard $40,000 $40,DD0 $0 $110,000 Stoddard & ir School Flashers Kodiak $10,000 $23,000 $10,0130 $0 $43,000 HAWK Linder $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Linder $7,000 $17,000 $51000 $0 $29,000 HAWK Victory $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Victory $7,000 $17,0DD $5,000 $0 $29,000 $140,000 $291,0D0 Project Total $431,000 7- 1W0411130WA 5. Safety Bussing Map as Recommended by ACRD 61sting City Pa!hway ;_i; Signallzod Intersection Proposed City Pathway Pedestrian Facilities FIGURE Existing Sidewalk Proposed Pedestrian Crosswalk ------^---ProposedSkWWalkw/Dowlopment Ada County, Idaho 12 -+� Existing Sidewalk Gaps Estimated Bushv Boundary ` KIT.6'tON& AGOOCIAT68. Ike. M 1*0411130WA B. EXHHtIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Access to the site is restricted to those access points shown on the site plan in Exhibit A and approved with this application. b. Future development of this site shall be generally consistent with the site plan and building elevations shown in Exhibit A. c. Removal of all structures shall take place prior to issuance of building permits. d. The annlicant shall nrovide sufficient street liahtina at the intersection of Stoddard e. ' 1 l triTtIff i Irpoiommended in the Tfg-. 1 1 1 1 1 1 11 1 1 1 i 1 1 1 1 1 YIIN 1 1 rMa W, M 1 1 1 1 1 1 1 1 1 1 1 i u 1 u 1 9- 3.II�.Y Ili ul'111� Y1 1111'1 �•`I'�i 111'f111f 111II1�i�1 1thne,1ensure the area - olleratp., afely and-eTtcieujLV- 4.1 1 1 l i 1 1activity Lo-mkedoe, not occur 1 non-desiguaLed 1 or 11 Mana2pongile-ygmtaflon 1 1northon Stoddard-jgnad _. fromKod*akI Y andenuireobstructions not placed 1the sigbtlines1. 1 1 1*teffltanCj taflon 1enuirp.I I do%tance h. confintieg to 1' 1' The M 1 1SchoolI 1the fotore as recommen1'1 1 hall use ero—*ng__ 1roadway1 11 i. location, 1 11 11 Ptior to ocen1jancy of 1 1 '.1 by the TISM the 11_ 1 1 hall contrilet a • - 1K 1 1 1 1 1 - Stoddard Road nearX11 IY 11schooli 1'Y. 11 . 1 _ of the j. .Stodd.qrd/Kod*.qk*ntergeeflonper• Long trrm 1 1 I andafety I'q recommendation 1 1 Ishall1 Ijraxided_hasPd on theattached 11 1 1 k. . 1 1 1 1HAWKpedestrian 1 by the1 1 1 1 11 11 1 '11 R 11.Iwo Y 9- 1MII131W.1 1. install school zone flashers on all 41eas of the Stoddard/Kodiak intersection_ in. Provide a 540.000 road trnst for the cost of the hardware fora fntnre HAWK on Tinder Road near Kodiak Drive. (ACHD will nav for the design and construction ($71,111111).) n. Provide n 5 2 9-11111 road trust for the cost of school zone flashers on Tinder Road near Kodiak Drive_ o. Provide a 540D00 road trust for the cost of the hardware for a fntnre HAWK nn Victory Road near Stoddard Road. (ACHD will nav for the decian and cnnstrnction (5711_IIIIIII.I p, 29-11111 road trust for the cost of school zone flashers on Virtnry Road near. Stoddard Road_ q, The school district_ ACHD_ and the City shall meet to dkenss fimdina mechanisms for the future development of sidewalks necessary in this area (as well as other areas) t nrnvWe safe pedestrian access to/from the school site(sl_ 1.2 Conditional Use Permit - Site Specific Conditions 1.2.1 The siteAandscape plan included in Exhibit A.2 dated 5/7/14 shall be revised as follows: a. Include mitigation information for any existing trees that are proposed to be removed from the site in accord with UDC 11-313-10C.5. b. Depict a pathway connection and gate/opening at the northwest corner of the site for pedestrian access to the school site from adjacent neighborhoods. c. Provide a pedestrian crosswalk across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. 1.2.2 A minimum 5 -foot wide detached sidewalk is required to be constructed along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the site/landscape plan in accord with UDC 11-3A-17. 1.2.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-14 for education institutions. 1.2.4 No lighting is allowed to be installed for the athletic fields on the site. 1.2.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.6 The applicant shall provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas shall be provided based on the map in the ACHD staff report shown in Exhibit A.5. 1.2.7 The applicant shall provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive to improve pedestrian safety. 1.2.8 Provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north as recommended by the TIS. 1.2.9 Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. -10- 1DK4:1130W.1 iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off- site or on-site. 1.2.10 Manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future as recommended by the TIS. 1.2.11 The Meridian School District shall use crossing guards at key roadway crossing locations as recommended by the TIS. 1.2.12 Prior to occupancy of the school the applicant shall construct a HAWK crossing on Stoddard Road near Kodiak Drive and school flashers on all four legs of the Stoddard/Kodiak intersection per ACHD's recommendation. 1.2.13 Prior to occupancy of the school the applicant shall provide a road trust to ACHD in the amount of $138,000 for the future construction of two (2) HAWK signals and associated school flashers located on Linder Road near the future extension of Kodiak Drive per ACHD's recommendation. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Stoddard Road and W. Kodiak Drive is prohibited except for the access points approved on the site plan. 1.3.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3E -5I. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3E - 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. - 11 - 1*4161130W1 1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.4 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.5 The conditional use permit shall be valid for a maximum period of two years as set forth in UDC 11-513-6F. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Upon written request and filing by the applicant prior to the termination of the permit, the applicant may request a time extension in accord with UDC 11-513-6F. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of connection to and through the proposed development. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. -12- 1*0411130WA 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to development plan approval. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.8 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. -13- 1*0411130WA 2.2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.17 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department had no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 IV' outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 IV' outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. -14- 1W04161130WA 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.9 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 4.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.19 As set forth in International Fire Code Section 503.2 and D102.1, fire apparatus access roads are required to be 20' in width, consist of an improved gravel surface capable of supporting 75,000 GVW, and shall be provided to all athletic fields, concession stands and pathways. An approved water supply shall be provided to all structures. Plans and specifications shall be provided to the Fire Department for review and approval. 5. REPUBLIC SERVICES 5.1 Republic Services had no comment on this application. -15- 1*0411130WA 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 6.2 The applicant shall coordinate a pedestrian crosswalk at the terminus of the multi -use pathway provided by the adjacent subdivision on the south side of W. Kodiak Drive to ensure safe access to the school property. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Stoddard Road as �/z of a 46 -foot street section with vertical curb, gutter and 5 -foot wide detached sidewalk. Dedicate additional right-of-way to complete the improvements. 7.1.2 Construct an Exit Only driveway on Stoddard Road as proposed for bus circulation. 7.1.3 Construct Kodiak Drive as �/z of a 36 -foot street section with vertical curb gutter and 5 -foot wide detached concrete sidewalk. (Except where noted for additional turn lanes.) 7.1.4 Install a separate eastbound left -turn lane on Kodiak Drive at the Stoddard Road/Kodiak intersection by striping the eastbound approach for two lanes using the existing 23 feet or with minor widening into the median or planter strip. The lanes should be approximately 150 feet long. 7.1.5 Install pedestrian crosswalks on the Kodiak Drive legs of the Stoddard/Kodiak intersection. 7.1.6 Construct 3 driveways on Kodiak Drive as proposed. Pave the driveways their full width and at least 30 -feet into the site with 15 to 30 -foot curb radii. (Radii may vary depending on radius needs for bus turning movements.) 7.1.7 Install a westbound right -turn lane on Kodiak Drive at the East Site Driveway. Storage of approximately 150 -feet is recommended. 7.1.8 Stripe a two-way center left -turn lane on Kodiak Drive from the end of the existing planter strip on Kodiak Drive to a location approximately 100 -feet west of the east site driveway. 7.1.9 Install a pedestrian crosswalk ad necessary signage on Kodiak Drive located just west of the middle driveway. 7.1.10 Long term bussing and safety bussing should be provided based on the attached maps, and as agreed to by the applicant. 7.1.11 Install a HAWK pedestrian crossing (and associated improvements) on Stoddard Road near Kodiak Drive. 7.1.12 Install school zone flashers on all 4 legs of the Stoddard/Kodiak intersection. 7.1.13 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Linder Road near Kodiak Drive. (ACHD will pay for the design and construction ($70,000).) 7.1.14 Provide a $29,000 road trust for the cost of school zone flashers on Linder Road near Kodiak Drive. 7.1.15 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Victory Road near Stoddard Road. (ACHD will pay for the design and construction ($70,000).) 7.1.16 Provide a $29,000 road trust for the cost of school zone flashers on Victory Road near Stoddard Road. -16- 1*0411130WA 7.1.17 The applicant should provide adequate roadway lighting on Kodiak Drive and Stoddard Road abutting the site, and at the intersection of Stoddard/Kodiak. (NOTE: ACHD does not review or require street lighting. Lighting is a City requirement. The City should work with ACHD Traffic staff to determine adequate lighting requirements at this intersection.) 7.1.18 Impact fees are waived in accordance with the Interagency Waiver of Fee Agreement between the Ada County Highway District and Joint School District No. 2. 7.1.19 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.3.2 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.4 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.5 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.6 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.7 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.8 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.11 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any -17- 1 M16113 0 W.1 change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- 1 X1.11113 Y II:1 C. Legal Description & Exhibit Map for Annexation Boundary Annexation Legal Description Joint School District No. 2 Stoddard Property Parcel 2 A parcel located in the East %of the W %of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of the of the NW '/. of said Section 24 from which a Brass Cap monument marking northwest comer of said NW % bears N 89°07'22" W a distance of 2655.69 feet: Thence S 0°51'28' W along the easterly boundary of said NW Y a distance of 2634.99 feet to a Brass Cap marking the northeast corner of SW % and the POINT OF BEGINNING; Thence S 0°51'28' W along the easterly boundary of said SW % a distance of 200.09 feet to a 518 inch diameter iron pin and to the centerline of West Kodiak Drive; Thence leaving said easterly boundary N 89'08'32"W along said centerline a distance of 231.53 feet to a 5/8 inch diameter iron pin: Thence continuing along said centerline a distance of 240.16 feet along the arc of a 1000.00 foot radius curve right, said curve having a central angle of 13°45'36" and a long chord bearing N 82°16'57" W a distance of 239.58 feet to a 5/8 inch diameter iron pin; Thence along said centerline N 14'33'26' E a distance of 5.00 feet to a 5/8 inch diameter iron pin; Thence along said centerline a distance of 624.52 feet along the arc of a 995 foot radius curve right, said curve having a central angle of 35°57'45" and a long chord bearing N 57°22'57" W a distance of 614.32 feet to a point; Thence leaving said centerline N 50°35'11° E a distance of 25.00 feet to a 518 inch diameter iron pin; Thence N 49°00'23" E a distance of 103.63 feet to a 518 inch diameter iron pin; Thence N 17°11'32" E a distance of 222.56 feet to a 518 inch diameter iron pin; Thence N 0°51'28" E a distance of 793.26 feet to a 518 inch diameter iron pin; Thence N 45°51'28" E a distance of 94.19 feet to a 5/8 inch diameter iron pin on the northerly boundary of the SE % of the NW %; Thence S 89°17'29' E along the said northerly boundary a distance of 765.09 feet to a 518 inch diameter iron pin marking the northeast corner of the SE'/. of the NW %; Thence S 0°51'28' W along the easterly boundary of said NW % a distance of 1317.48 feet to the POINT OF BEGINNING. This parcel contains 28 64 acres and is subject to any easements existing or in use. �NPL�=Os Vincent Blommer, PLS Land Solutions, PC July 10, 2014 La dS�olutions -19- to - 5 D _ T SWderd Property Parcel 2 Job Na 13-88 EXHIBIT A Stoddard Property Parcel 2 ANNEXATION EXHIBIT St4 513 BASIS OF BEARING sle 523 524 2N59.RN' NN89]'22'W 1/4 51e W. OVERLAND ROAD 31].Nt' 50051'26'W ' 765.09' _ 5887729"E - 94.19' N45'SP28"E I I Lw � b N 4 N1I O z I PARCEL 1 N MYA - =01 AMES h 1 � "WE TAALL 6 vv IE M RI M naTA p w NEARING CI2�js MMI 13 Y 16'37' ' YW C2 Y1' N 8Y12'6)' N I ry n � 1 2 2s 00' N50'35'11E� 103.63. N419-00 23"E POINT a PEPNNING 1 PMCn 2 C 1/4 C so02'51'28 w 4 L�"2ps � � GIST C-1.R 231 5.S �+ 5.00' u ]" 1 ' 1s N14'3Y26"E 906$2'W ${ m ^ i IT BV'.� ,/4624 Lind_ Solutions 0 125 2So Soo �- Land Surv*ng and consuRing 231 E 5TH SE, STE A AI£RI NAD 83611 116N1 x68xpw 11081 x66x55)fv wAv�wiasd+mrsm -20- 1MII13YII:1 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-4 zoning district. The City Council finds the proposed use of the site is consistent with the applicable provisions of the Comprehensive Plan and should be compatible with existing and future adjacent residential uses if the site is developed in accord with the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 3. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-4 zoning district and the specific use standards for public education institutions. -21- 1MII131W.1 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed public education institution use in the R-4 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the school will be compatible with existing and future residential and church uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of the school; however, whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. -22- September1 PROJECT NUMBER: PP 14-012 ITEM TITLE: ' COMMONS SUBDIVIS• Findings of Fact, Conclusions of Law for Approval: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN wl IDIAN�- FINDINGS OF FACT, CONCLUSIONS OF LAW .' AND IDAHO DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of 70 Single Family Residential Building Lots and 4 Common Lots on 18.21 Acres of Land in the R-8 Zoning District, Located on the east side of N. Meridian Road and North of E. McMillan Road, by Ventana LLC. Case No(s). PP -14-012 For the City Council Hearing Date of. August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in,the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice 2014 Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I- 613 -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -3- By action of the City Council at its regular meeting held on the day of / u 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED' s COUNCIL VICE PRESIDENT KEITH BIRD VOTED x .' COUNCIL MEMBER DAVID ZAREMBA VOTED `., 1 - COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy'de Weerd Attest: d; ity of Jaycee Holman City Cleric of�dr TI1Cd , Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By. a Dated: City lerl s ice .� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -4- EXHIBIT A STAFF REPORT Hearing Date: August 19, 2014 E IDIAM�-- TO: Mayor and City Council IDAHO FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: PP -14-012 — Ventana Commons L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ventana, LLC, has submitted an application for a preliminary plat (PP) consisting of seventy (70) single-family residential building lots and four (4) common lots on approximately 18.21 acres of land in an R-8 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on July 17, 2014. At the public hearing, the Commission voted to recommend approval of the subiect PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Tamara Thompson iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Providing a stub street and utilities to School District's property located on the southern boundary of the proposed development. c. Key Commission Chang(s) to Staff Recommendation: i. The Commission struck condition of approval 1.1.1a removing the requirement for the southern stub street and the utility extension to the School District's property. d. Outstanding Issue(s) for City Council: L None The Meridian City Council heard this item on August 19.2014. At the public hearing, the Council approved the subject PP request Ventana Commons PP -14-012 PAGE 1 W11 I '"'.1 i� r I1 : i Ventana Commons PP -14-012 PAGE 1 EXHIBIT A 1TWITZIii •� 1o• • 0.", lot 11 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -14- 012, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -14-012, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP -14-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located the east side of N. Meridian Road; approximately 1/4 mile north of E. McMillan Road in the SW 1/4 of Section 30, Township 4 North, Range 1 East. (Parcel #S0530325420) B. Applicant/Owner(s): Ventana, LLC 1977 E. Overland Road Meridian, ID 83642 C. Representative: Becky McKay Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, and July 14, 2014 (Commission); July 28, and August 11, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: June 26, 2014 (Commission); July 24, 2014 (Council) D. Applicant posted notice on site(s) on: July 7, 2014 (Commission); August 9, 2014 (Council) Ventana Commons PP -14-012 PAGE 2 EXHIBIT A LIVA N W.110 1111M 0 A. Existing Land Use(s) and Zoning: This site is vacant residential property, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Ventana Subdivision, zoned R-8 2. East: Ventana Subdivision, zoned R-8 3. South: Heritage Middle School, zoned R-4 4. West: Vacant property, zoned R-8 and R-40 C. History of Previous Actions: • In 2004, the property received annexation, preliminary plat and conditional use permit (AZ - 04 -019, PP -04-026 and CUP -04-028) approval to develop a single family residential subdivision consisting of 220 residential lots and 19 common lots on approximately 64.5 acres. • In 2005, the City approved the first and second phases of the subdivision (FP -05-029 and FP - 05 -052) and these two phases have recorded. • In 2006, the City approved the third and final phase of the development. In 2008, an administrative time extension (TE -08-005) was approved by the Director however, the developer failed to obtain City Engineers signature on the final plat or seek approval of another time extension. The previously approved preliminary plat has expired. The boundary of the proposed subdivision is the remnant parcel left over from the expired subdivision. D. Utilities: 1. Location of sewer: Sanitary sewer service to the proposed development will come from extensions of existing mains in previous phases of Ventana Subdivision. 2. Location of water: Water service to the proposed development will come from extensions of existing mains in previous phases of Ventana Subdivision. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The site is currently zoned R-8 which allows a maximum gross density of 8 dwelling units per acre. The proposed plat consists of 70 residential lots on approximately 18.21 acres of land. The gross density of 3.84 dwelling units (d.u.) per acre is consistent with the R-8 zoning and MDR FLUM designation for this site. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Ventana Commons PP -14-012 PAGE 3 EXHIBIT A • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed medium density residential development will contribute to the variety of housing options located within the City. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to N. Meridian Road, arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0IF) The proposed medium density residential development should be compatible with existing adjacent residential uses. • "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 1.73 acres of common open space/common area to be provided on the site in accord with the standards listed in UDC 11 -3G -3B. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The previous two phases of Ventana Subdivision provided street connectivity to the subject property. The school district may be contemplating developing the eastern portion of the southern school property with future residential development. It is the desire of the school district to have the developer stub utilities and provide a public street to the south to facilitate redevelop of the school district property. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) Since this is a remnant parcel left over from a previous phase of the Ventana Development, there is adequate vehicular and pedestrian connectivity with the adjacent developments as envisioned by the Comprehensive Plan. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF) City services are readily available to service the proposed development. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at urban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and Ventana Commons PP -14-012 PAGE 4 EXHIBIT A corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 and UDC 11 -3B -7C for the R-8 zoning district. • The proposed micropath and the 10 -foot wide multi -use pathway shall comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. • Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one (1) amenity. The submitted plat is proposed as a third phase of the existing Ventana Subdivision. This phase in conjunction with the previous two phases exceeds 10 percent open space and the amenities required with this standard. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. The submitted plat complies with theses standards. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY PLAT The proposed preliminary plat consists of 70 single-family residential building lots and 4 common lots on 18.21 acres of land in the R-8 (medium density residential) zoning district. The minimum lot size proposed in the development is 6,395 square feet (s.£) with an average lot size of 7,908 s.f. The gross density is 3.84 dwelling units per acre with a net density of 4.84 dwelling units to the acre. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and found the plat in compliance with these standards except for Lots 24 and 36, Block 13. Each lot must have 50 feet of street frontage in accord with the UDC. Access: Access to this site is proposed on the plat from the north via E. Santiago Drive, a collector street. With the first two phases of development multiple stub streets have been provided to the parcel. These streets will be extended with the development and will complete the street network for the Ventana Subdivision. As previously mentioned, Joint School District No. 2 is contemplating developing the eastern portion of Middle School property located along the southern boundary of the proposed development. At the time the school and the subdivision were originally approved, a stub street was not required. Now the school district is interested in re -developing a portion of the school property and in meetings with Staff has requested the developer stub utilities and a public street Ventana Commons PP -14-012 PAGE 5 EXHIBIT A from the subject property to the schools northern boundary. Because this is a new plat, Staff supports the school district's request and believes that the developer should provide a stub street to the school property between Lots 18 and 22, Block 13. ACHD also supports the stub street if the City requires it. Staff has requested that the School District provide something in writing to solidify its intentions. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along N. Meridian Road. Landscaping is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. Landscaping is required along all pathways and micropaths on the site in accord with the standards listed in UDC 11 -3B -12C. Open Space and Site Amenities: Typically, the development must contain a minimum of 10% of open space and one (1) amenity in accord with UDC 11-3G. As part of this application, the applicant is requesting staff to evaluate the overall open space between the proposed development and previous two (2) Ventana phases. The proposed plat depicts 1.51 acres (8.3%) of qualifying open space. Open space consists of the Meridian Road street buffer, a micropath lot and passive open space in excess of 5,000 square feet. The proposed open space consists of the following amenities: a 5 -foot wide micropath and a 10 -foot wide pathway connected to the school district property to the south. The proposed open space and amenities are consistent with the open space approved with the original Ventana project in 2004. Because the proposed development will be part of the previous two phases, the applicant has provided the open space calculations on the face of the preliminary plat that compares the overall open space for both the previous two phases and the proposed plat. Based on the calculations the existing two phases in conjunction with the proposed plat contains a total of 9.85 acres (15.3%) of eligible open space excluding the street buffers adjacent to N. Meridian Road. The overall amenity package for the development also includes the following: 1) a community pool, a club house, multiple 10 -foot multi -use pathways, a tot lot and an additional 5 percent open space. Because the proposed development is an extension of the previous Ventana development, staff finds the proposed subdivision in conjunction with the previous two phases complies with the open space and amenity standards set forth in UDC 11-3 G. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5 - foot wide detached sidewalk exists along N. Meridian Road and 5 -foot wide attached sidewalks are proposed along all of the internal local streets in accord with the UDC. Building Elevations: The applicant has submitted three photos of existing homes constructed within the first two phases of the Ventana Subdivision. Because this is an extension of the previous two phases, staff is supportive of the proposed building materials and building designs proposed for the development. Future homes adjacent to Meridian Road (Lots 37, 38 and 40-47, Block 13) should incorporate a mix of materials, windows and decorative trim, pop -outs, covered porches and two variations in the roof lines to provide articulation and modulation to the rear facades. Fencing: The applicant is proposing to construct a 6 -foot tall cedar fencing along the perimeter of the development (west, north and south). The submitted landscape plan depicts a mix of 4 -foot Ventana Commons PP -14-012 PAGE 6 EXHIBIT A tall solid cedar fencing and 4 -foot tall wrought iron fencing adjacent to interior common areas. The fencing plan depicted on the submitted landscape plan complies with the standards listed in UDC 11-3A-7. In summary, Staff recommends approval of the proposed preliminary plat request for this site with recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. hNE DIV : I -W I[M A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/03/14) 3. Proposed Landscape Plan (dated: 11/22/06) 4. Proposed Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Ventana Commons PP -14-012 PAGE 7 A. Drawings 1. Vicinity Map Vicinity Map Legend r- ti.:Area of Impact ;or,, T, _— Parcels - Meridian ,Cj Print Date: 6/26/2014 EXHIBIT A t E E Havasu E Hav all Falls Ct r t m..T E Copper Ridge Sl Vicinity Map Legend +s`I Area of Impact` u Parcels - Meridian iY IV Aro �rr -w fid. 4�ric,�'0 y 1a -C !y C t M ` 0.35 Miles The eformaeon shown on 1ha map a compiled ft- _ -source and a ..hied to coneard .vision. The city -,i wawa or wranM as b the of Menden makes no my g content, xc.rxy, bmdness +� data prow ded and assunws or complehmm of any of g. no legal nesponsbAity for the 4 r Nm et rb+w • 7', `!! � Ot w — E Handel St���kj WLLt fit?FilitJ, I✓F,"I.t ct E Ocelot 51-I lj' / }I `I �5�1 �� 4 7 Torch ` �-E[-L�ilv��r 1 r.- P` I z eft W M<Mi[Ian Rd I E Havasu E H, ase c Falls (.t ,.d+ A, c z a zt ` a rV�`ta a FaUz Br � 46 firR rY err t s4�.- c� - �1R'Y76ite 'Sarrrj's tfr �.: cui rive--- x Pnn, Dat t 2-2, `t Ventana Commons PP -14-012 PAGE 8 0 0.175 0.35 Miles The eformaeon shown on 1ha map a compiled ft- _ -source and a ..hied to coneard .vision. The city -,i wawa or wranM as b the of Menden makes no my g content, xc.rxy, bmdness +� data prow ded and assunws or complehmm of any of g. no legal nesponsbAity for the mrma fotron contained on this map. = Z , I( < Josh.. Tree Or — E Handel St���kj !r I✓F,"I.t ct E Ocelot 51-I lj' / }I `I �5�1 �� I iRCrT Torch ` �-E[-L�ilv��r E IDIS IAN_-- 0 0.175 0.35 Miles The ink msom shown on the map a mmpled Gone tvarom cand a subject to const M —t— Th. city �s f kJ E'an makes no warranty or guarantee as In the consent.accuracy timeless. or [Orilpletena5s of any W the data pro, dad. and assumes no legal responsibility for ttw mlormat- c-U..d on this map. �Tr�ySips�6 I E=Sane $ F a.�1, �1!Iw?nRIF'�eereegdtAe�Gt.<, r.. r, r rS NI loft w.st r9• t�St /� .. EXHIBIT A 2. Proposed Preliminary Plat (dated: 06/03/14) l001 K..i ItMJ� a r� ems^ �•�� wnrxrrs v�Jrrmury our eerJ. Wi nau s.ss wn...r Ventana Commons PP -14-012 PAGE 9 LEGM --- i woos ..,.� . »... ., r. _e{ JYPfCIi �ou� 5*acc* �cuow ion PRE EXHIBIT A 3. Proposed Landscape Plan (dated: 11/22/06) R\\ \\ \ : MN czim 1/10 Jill Wpm s 0 4 } ti Ventana Commons PP -14-012 PAGE 10 EXHIBIT A 4. Conceptual Building Elevations Ventana Commons PP -14-012 PAGE 11 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval 1.1.1 The preliminary plat included in Exhibit A.2 dated 06/03/14 shall be revised as follows: that ineludes a stub street and utilitv-exten—p- —.1 propeFty between Lots 18 and 22. Bleek 13, b. Lots 24 and 36, Block 13 shall have 50 feet of frontage in accord with UDC Table 11-2A-6. 1.1.2 The landscape plan included in Exhibit A.3 dated 11/22/06 is approved as submitted. All open space and amenities developed with the Ventana Subdivision No. 1 and No. 2 and Ventana Commons Subdivision shall be owned and maintained by a single homeowner's association ensuring compliance with the open space and site amenity standards set forth UDC 11-3G. 1.1.3 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.4 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. Future homes adjacent to Meridian Road (Lots 37, 38 and 40-47, Block 13) shall incorporate a mix of siding materials, windows and decorative trim, pop -outs, covered porches and two variations in the roof lines to provide articulation and modulation to the rear facades. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N. Meridian Road is prohibited. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.10 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ventana Commons PP -14-012 PAGE 12 EXHIBIT A 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 713 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Ventana Commons PP -14-012 PAGE 13 EXHIBIT A 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Ventana Commons PP -14-012 PAGE 14 EXHIBIT A 2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B Ventana Commons PP -14-012 PAGE 15 EXHIBIT A of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.7 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.9 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL Ventana Commons PP -14-012 PAGE 16 EXHIBIT A 7.1.1 Dedicate 37 feet of right-of-way from the centerline of Meridian Road abutting the site. ACHD will provide compensation for additional right-of-way dedicated beyond the existing right-of- way. 7.1.2 Construct all internal local roads as 36 foot street sections with rolled curb, gutter and 5 foot wide attached concrete sidewalks within 50 feet of right-of-way, as proposed. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of-way. 7.1.3 Construct the proposed cul-de-sac to provide a minimum turning radius of 45 feet. 7.1.4 Plat the proposed landscape island in the knuckle as right-of-way owned by ACHD. The developer or Homeowners Association shall apply for a license agreement if landscaping is to be placed within this island. Vertical curb is required around the perimeter of a raised island. 7.1.5 Continue the existing stub streets into the site as proposed: • Zamora Way, from the north and east property lines, • Ensenada Drive from the east property line, and • Hildalgo Avenue from the north property line. 7.1.6 Construct all internal roads to provide a minimum offset of 125 feet from any other street, as proposed. 7.1.7 Direct lot access is prohibited to Meridian Road and Santiago Drive and shall be noted on the final plat. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. Ventana Commons PP -14-012 PAGE 17 EXHIBIT A 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to. verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Ventana Commons PP -14-012 PAGE 18 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is Comprehensive Plan in regard to land use, Comprehensive Plan Policies and Goals, information. in substantial compliance with the adopted transportation, and circulation. Please see )ection VII, of the Staff Report for more b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available at this time. Services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. E The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Ventana Commons PP -14-012 PAGE 19 September1 .t • �! •', Findings of Fact, Conclusions of Law for Approval: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located NOrthwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 2, 2014 ITEM NUMBER: 5L Findings of Fact, Conclusions of Law for Approval: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision MEETING NOTES AA L Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &t ORDER EIDIAN',- In the Matter of the Request for Preliminary Plat Consisting of 9 Commercial Building Lots and 2 Common Lots on 9.34 Acres of Land in the C -C Zoning District AND Development Agreement Modification to Terminate the Three (3) Development Agreements Governing the Site and Enter into a new DA for the Purpose of Attaching a new Concept Plan and new DA Provisions for the proposed Chinden and Linder Crossing Subdivision, Located on the Northwest Corner of W. Chinden Boulevard and N. Linder Road, by LEI Engineers. Case No(s). PP -14-011 and MDA -14-008 For the City Council Hearing Date of: August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I1 -5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-011 and MDA -14-008 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat and development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice 2014 Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-011 and MDA -14-008 -2- (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-011 and MDA -14-008 -3- Nj By action of the City Council at its regular meeting held on the day of; - 2014. G COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED:'..e_ COUNCIL VICE PRESIDENT KEITH BIRD VOTED , COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED K COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILANI VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) - , Mayor Tammde Weerd qi, a ar Attest: '' by Jaycee HO tman City Clerkff Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney, By: Dated: Ci�ler s 4ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-011 and MDA -14-008 -4- EXHIBIT A STAFF REPORT Hearing Date: August 19, 2014 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Chinden and Linder Crossing - PP -14-011 and MDA -14-008 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a preliminary plat consisting of nine (9) commercial lots and two (2) common lots on approximately 9.34 acres of land in the C -C zoning district and a development agreement modification to terminate the three (3) development agreements governing the site AND enter into a new DA for the purpose of attaching a new concept plan and new provisions relevant to the proposed development. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat (PP) and development agreement modification (MDA) applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on Julv 17, 2014. At the public hearing, the Commission voted to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Laren Bailey ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Kev Commission Changes) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 19 2014. At the public hearing, the Council approved the subject PP and MDA request. a Summary of City Council Public Hearing: L In favor: Laren Bailey In opposition: None iii. Commenting: Alan Ward ice. Written testimony: None Staff presenting application: Bill Parsons Other staff commenting on application• None .. Key Issues of Discussion by Council: Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 1 EXHIBIT A i Limiting the location of any fast food restaurant to minimize impact to the adiacent residences. ii. Confirmation that the Chinden Boulevard access is right-in/right-out only. c. Key Council Changes to Staff/Commission Recommendation J. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP -14- 011 and MDA -14-008, as presented in the staff report for the hearing date of August 19, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP -14-011 and MDA -14-008, as presented in the staff report for the hearing date of August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers PP -14-011 and MDA -14-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of W. Chinden Boulevard and N. Linder Road in SE 1/4 of Section 23, Township 4 North, Range 1 West. (Parcel #RI065270177) B. Owner: FAE Holding 450070R, LLC 2700 Airport Way Boise, Idaho 83705 C. Applicant/Representative: Laren Bailey, LEI Engineers 3023 E. Copper Point Drive, Suite #201 Meridian, Idaho 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat and a development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, and July 14, 2014(Commission); July 28, and August 11, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: June 26, 2014 (Commission); July 24, 2014 (Council) D. Applicant posted notice on site(s) on: July 7, 2014 (Commission); August 9, 2014 (Council) Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: This site is partially developed commercial property, zoned C- C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: County residences, zoned RUT 2. East: Linder Road and commercial development, zoned C-3 (City of Eagle) 3. South: Vacant and developed commercial property, zoned C -N and C -G 4. West: Spurwing Challenge Subdivision, zoned R-8 C. History of Previous Actions: In 2006, the property was granted annexation (AZ -06-005) approval by City Council with the R-4, TN -C, and C -C zoning districts for the Knightsky Estates Subdivision. A development agreement (DA) was approved with the annexation (instrument #106122365). A preliminary plat (PP -06-004) and private street (PS -06-004) were approved concurrently that consisted of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. In 2009, a development agreement modification (MDA -08-008) was approved by City Council that tied commercial, single family residential and townhome elevations to the recorded development agreement. The first addendum to the DA recorded as instrument #109082037. In 2011, a portion of the property was rezoned (RZ-11-006) from the TN -C and R-4 zones to the R-8 and C -C zones. The R-8 portion of the property was sold off and developed as a 9 - hole executive golf course and estate lot subdivision known as the Spurwing Challenge Subdivision. The remnant 9.34 acre piece is partially developed and remains subject to the three (3) recorded development agreements. The second addendum to the DA recorded as instrument #112040233. ® In 2013, Council approved a variance (VAR -13-001) application granting a right-in/right-out access to Chinden Boulevard. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service to the area will be provided via an extension form an existing main W. Island Green Drive. b. Location of water: Water service to the area will be provided by United Water of Idaho. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Community (MU -C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community -serving uses Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 3 EXHIBIT A and dwellings are seamlessly integrated. Featured elements of the mixed use development should include the following: ® Residential densities at a minimum of 6 to 15 dwelling units to the acre; ® A conceptual site plan; ® Provide community serving facilities; ® Provide some form of common, usable area, such as a plaza or green space; ® Landscape buffering between commercial and existing low or medium density residential; ® Three different types of land uses and; ® Be accessible to neighborhoods by both vehicles and pedestrians; ® Commercial building footprints should not exceed 30,000 square feet. The site is already surrounded by a mix of uses (residential, public, office and retail) and is currently zoned GC. The submitted plan depicts a mix of commercial buildings that will add to the overall diversity of uses in this area. Existing residential subdivisions are developed to the north and west. A transition is being provided between the proposed commercial development and the existing residences to the north and west in the form of a 25 -foot wide landscape buffer. The submitted concept plan provides green space along Chinden Boulevard and W. Island Green Drive and building footprints (although not specified) appear to be consistent with the W -C designation. The proposed development is linked via the extensions of a public street, sidewalks and a multi -use pathway developed with the Spurwing Challenge Subdivision to the west. In looking at the overall NM -C designated area and the surrounding development, staff finds the proposed development incorporates many of the mixed use elements of the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 1. "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot 14de landscape buffer ii)ill be required along W. Chinden Boulevard and N. Linder Road, both entryrnay corridors, in accord ti,ith the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. Because this is a prominent corner of Meridian, Staff is reconnnending the installation of these buffers ii ith the frrstphase of developrrrent. 2. "Require all commercial businesses to install and maintain landscaping." (2.01.03B) See the analysis above for- the required landscape buffer requirerrrents. Once the landscaping has been installed it rrrust be rnairrtairred by an Owner's Association. 3. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) The proposed developruent is contiguous to the cioj and city services are available to be extended to the site upon developinent in accord ti ,ith UDC 11-3A-21. 4. "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L)." The applicant has coordinated with ITD on the preservation of right of tivcry (ROW) along the Chinden corridor. The total ROW needed for this segrrrent of corridor is 140 feet. The ROW has been deeded to ITD. 5. "Plan for a variety of commercial and retail opportunities within the Impact Area." (3.05.017) Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 4 EXHIBIT A Staff finds the proposed development should provide a variety of neighborhood conmrercial uses (retail, restaurant office and medical etc.) to complement the surrounding residential developinent. 6. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0 IF) The UDC requires a 25 foot wide landscape buffer behi,een the proposed commercial development and the existing residential development to the ii,est and the north. The applicant is proposing a 25 foot landscape buffer. Except for the medical office along the north boundary of the development, most of the cornnrercial activity is oriented towards the adjacent roadways (Chinden Boulevard, Linder Road and W. Island Green Drive) to mitigate impacts to the adjacent residents. To inhibit traffic speed on the backage road, both ACHD and staff are recormnending traffic calming cis part of the road design west of the private drive. 7. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) The subiiiitted preliminary platproposes to extend a public stub street (W. Island Green Drive) from Spur ii,ing Challenge Subdivision to the ii,est. The neii, street ii,ill provide a right- in/right-out/left--in access via N. Linder Road. A private dr°ivenvay to Chinden Boulevard is also proposed ii hich was approved by 1TD and the City. To mitigate traffic concerns with the adjacent residential subdivision to the ii,est, ACHD has reconunended the applicant incorporate a traffic canning in to the street design along the west boundary. Staff supports the Highnnay District reconnnendation. 8. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as pant of a community pathway system." (3.03.03B) The concept plan provided by the applicant shows pedestrian connectivity behieen the residential neighborhood to the ii,est and the proposed commercial developruent via the extension ofpublic sidewalks. A 10 footpathti>>ay is required along Chinden Boulevard connecting nvith the 10 -multi -use pathnvay constructed with the Spur ii,ing Challenge development to the ii est. These connections ii ill provide pedestrian connectivity to the signalized intersections of N. Long Lake Way/Chinden Bozdevard and N. Linder Road/Chinden Boulevard 9. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N). The applicant has proposed public road connection (backage road) to N. Linder Road, iMich has been approved by ACHD and is supported by staff. The proposed right-inlright-out access to Chinden was approved by a variance. For those lots that do not front on a public street, the applicant inust record a reciprocal cross access agreement to allonn all commercial lots ii,ithin the development to use the proposed access points in accord with UDC 11-3A-3. 10. "Require new development to construct and maintain monument signs, consistent with the Welcome to Meridian signage plan." (2.01.03G) The recorded development agreement for this site requires the developer to construct a "Welcome to Meridian" monument sign near the northeast corner of the development. To ensure this connnitinent is honored, staff is recarnniending the nely DA include the construction of this sign with the first phase of development. Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 5 EXHIBIT A For the above stated reasons and analysis, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C -C): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -C zoning district. D. Landscaping: ® Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 1-2B-3 and UDC 11 -3B -7C for the C -C zoning district. ® Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11 -3B -8C. ® Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11- 2B-3 and UDC 11 -3B -9C. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the commercial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Development Agreement Modification (MDA): As mentioned above, the proposed development is governed by three (3) development agreements. The last addendum to the development agreement requires the applicant submit a concept plan that complies with the mixed-use guidelines contained in the Comprehensive Plan. Based on the Comprehensive Plan analysis above, staff finds the submitted concept plan aligns with many of the design criteria of the mixed-use designation. The submitted concept plan depicts nine (9) buildings consisting of three (3) retail buildings, a bank with associated drive-through, two (2) medical office buildings and four (4) restaurants, two (2) with drive-throughs. The one item staff finds lacking from the plan is internal pedestrian walkways. On the south side of W. Island Green Drive, the applicant is proposing to extend 5 -foot wide walkways into the development however they do not extend to the entrances of any buildings. Staff recommends the applicant extend 5 -foot wide pedestrian walkways on each side of the central access to the front entrance of the retail pad site on Lot 6, Block 1 and retail/restaurant pad site on Lot 5, Block 1. Compliance with this requirement will be reviewed with a future certificate of zoning compliance application. If the change is made, staff is supportive of the proposed concept plan. Nowhere on the plan has the applicant indicated the overall square footages proposed for the development, therefore staff is recommending limiting the square footage of a single Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 6 EXHIBIT A building to 30,000 square feet. Further, UDC 11-4-3-11, drive-through establishments require CUP approval if they are located within 300 feet of an existing residence or residential district or another drive-thru facility. In addition, there are specific use standards for drive-throughs that are listed in UDC 11-4-3-11. If drive-through establishments are proposed on this site, a CUP shall be required that complies with the UDC standards. To ensure the sight develops as represented by the applicant and is compatible with the adjacent residential developments, staff recommends a new development agreement (See Exhibit B for staffs recommended DA provisions). Preliminary Plat: The proposed preliminary plat consists of 9 commercial lots and 2 common lots on approximately 9.34 acres of land in the C -C zone. The commercial lots range in size between 27,235 square feet acres up to 43,939 square feet respectively. The UDC does not have a minimum lot size standard for commercial development. Dimensional Standards: The dimensional standards set forth in UDC Table 11-213-3 apply to the development of this site as follows: ® A 35 -foot wide street buffer landscape easement is required along Chinden Boulevard and Linder Road, classified as an arterial street and an entryway corridor, per UDC Table 11-213-3. ® Per UDC Table 11-213-3A, a 25 -foot wide landscape buffer is required along the northern property boundary adjacent to the existing residences. The applicant is proposing two (2) common lots adjacent to this boundary that comply with the dimensional standard of the district. The 25 -foot wide landscape buffer required on Lot 2, Block 3 will occur at the time the lot develops. Access: The access to the development will be from W. Chinden Boulevard (right-in/right-out) to the south and N. Linder Road (right-in/right-out/left-in) to the east via the extension of W. Green Island Road. The access to Chinden Boulevard was approved by a variance. W. Green Island Drive is currently stubbed at the west boundary of the proposed development. ACHD has conditioned the developer to construct traffic calming within the roadway west of the private drive. During the hearing for the variance, Council was also concerned about cut -through traffic with the development of the commercial property. Staff was given the direction to ensure traffic calming was incorporated into the street design with a future subdivision. Therefore staff recommends the applicant coordinate with the Fire Department and incorporate traffic calming into the sheet design. Staff is supportive of the access provided to the site. Since commercial lots are proposed for the development and not all of the lots have frontage on a public street, the applicant must provide cross access in accord with the standards set forth in UDC 11-3A-3. With the submittal of the final plat, cross -access shall be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement. Development along State Highways: UDC 11-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD. The applicant received ITD and City approval for the proposed access point to Chinden Boulevard. The applicant is responsible for reserving 70 feet of right of way (ROW) for fixture expansion of Chinden Boulevard. With the construction of the Chinden/Linder intersection, the applicant dedicated the 30 -feet of additional ROW to ITD. Prior to signature on the final plat, the applicant must provide written documentation that ITD has accepted the dedicated ROW. Further, the applicant must comply with all ITD's road improvement standards that apply with the construction Chinden Boulevard access. Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 7 EXHIBIT A Landscaping: Staff has reviewed the submitted landscape plan for compliance with current UDC standards and offers the following comments/requirements: ® The UDC requires a detached 10 -foot wide multi -use pathway to be constructed along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to signature on the final plat, the applicant is required to submit a public pedestrian easement to the Planning Division for approval by City Council and subsequent recordation. ® Per UDC Table 11-213-3, a 35 -foot wide landscape street buffer is required along Chinden Boulevard and Linder Road, as depicted on the landscape plan and plat. These buffers should be designed (mix of trees, lawn, shrubs and other vegetative groundcover) in accordance with the standards listed in UDC 11 -3B -7C. ® Per UDC Table 11-213-3, a 25 -foot wide landscape buffer is required between residential uses and properties, zoned C -C. This buffer must be designed and constructed in accordance with UDC 11-313-9. ® The applicant should also comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-313-8 which outlines the standards for parking lot landscaping. ® The UDC requires a 5 -foot wide detached sidewalk along Linder Road in accord with UDC 11-3A-17. ® No fencing is shown on the submitted landscape plan however fencing exists on the side and rear yards of the residential homes north of the proposed development and should not be impacted with the development of this site. Temporaiy construction fencing to contain debris must be installed around the perimeter with the construction of any commercial building on the site. Fencing must be designed as set forth in UDC 11-3A-7. If the unimproved street right-of-way along N. Linder Road and W. Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. Existing Structure(s): There are several existing structures on the site that will be removed with the development of the proposed subdivision. The existing structures must be demolished and the existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. Ditches, Laterals, and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 8 EXHIBIT A system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Building Elevations/Certificate of Zoning Compliance (CZC) and Design Review (DES): The applicant has not submitted conceptual building elevations with this application. A CZC application is required to be submitted prior to issuance of building permits for any of the commercial lots. The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the commercial development. This application may be submitted concurrently with the CZC application. Future structures on the site must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed development applications. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and Concept Plan (dated: 05/29/14) 3. Proposed Landscape Plan (dated: 05/29/14) B. Conditions of Approval C. Required Findings from Unified Development Code Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 9 A. Drawings 1. Vicinity Map Vicinity Map Legend 41 41 : sAreo of Impact Parcels - Meridian c a RR -8 EXHIBIT A 0 0.15 03 iles 0 The Worrnatlm shown on mthe map a mn*led eom us a sources and is bj d to constant revision_ The City of Mendan makes no, warranty or guarantee as b the onknt, accurxy, timeliness, or completeness o1 any of the data pmAsd, and assumes no WO responsibility for the intonation —U,ned on this map. W Chinden - or T t� 0 3 L-0 Print Date: 6/3012014 Vicinity Map S�R.refi 4* Print Date: 6/30/2014 IU� 0 0.175 0.35 Miles 14 PF The information :lawn on this map a compiled from anom sotrces and is subject a mnstxt revision. The City of Mendian nukes no warranty or gt xantce 11 to "*mreent, --y, dmeuness, or ompleteness of any of tl . data provided, and assumes no legal reeponsk,ility for this kdomunon contained on this nap. si,r.w, A Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 10 2. Proposed Preliminary Plat and Concept Plan (dated: 05/29/14) SUBDIVISION SURVEYORS — — `=- 60' RIGHT-OF-WAY SECTION L"K I( -- ^ CI- RLO4"" Its __ Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE I I Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE I I EXHIBIT A 3. Proposed Landscape Plan (dated: 05/29/14) NALS T!i�l �LllLv'D";c 711V—E PLAt V, la e nl RR 11, HE—El .1 1 1 1,11 ILL OL"K. ENGINEERS PLANqERS Z 0 a z ItN lh GHIN OEM MW .. 191.1.AY20) Ll Chinden and Linder Crossing PP -14-011 & MDA -14-008 PAGE 12 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Development Agreement Modification 1.1.1 A new development agreement (DA) replacing existing DA's #106122365, #109082037 and #112040233, is required as a provision of developing this property. The new DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. The recordation of the DA is required prior to submitting a final plat application. The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The new DA shall include the following provisions: a. The development of this property shall generally comply with the concept plan in Exhibit A. At a minimum, the site shall consist of six (6) commercial buildings with no one building exceeding 30,000 square feet. With the development of Lots 5 and 6, Block 1, the applicant shall extend the 5 -foot wide pedestrian walkways on each side of the central access to the front entrances of the future buildings. b. Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. c. Any future drive-through use located within 300 feet of residential district or another drive-through establishment on this site shall obtain CUP approval. d. With the first phase of development, the applicant shall construct a full monument "Welcome to Meridian" sign adjacent to Linder Road. e. The 35 -foot wide landscape buffers adjacent to N. Linder Road and W. Chinden Boulevard shall be constructed in accord with UDC 11 -3B -7C with the first phase of development. f. Future development of the site shall comply with the ordinances in effect at the time of development. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 05/29/14, shall be revised as follows: a. Other than the access points approved with this application, the applicant shall place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Linder Road. b. The applicant shall construct W. Island Green Drive with a passive traffic calming design element (such as bulb -outs or chokers) west of the proposed private drive in accord with ACED and the Fire Department standards. This roadway shall be constructed in its entirety with the fust phase of development. c. A cross-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision in accord with UDC 11-3A-3. All lots within the subdivision shall have the right to use all to the access points approved in this application (Chinden Boulevard and Linder Road). This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. d. Comply with all bulk, use, and development standards of the C -C zoning district listed in UDC Table 11-213-3. e. Prior to signature on a final plat, the applicant must provide written documentation that ITD has accepted the dedicated Chinden Boulevard right of way (ROW). Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 13 EXHIBIT A f. The applicant shall comply with all ITD's road improvement standards that apply with the construction of the right-in/right-out access to Chinden Boulevard. 1.2.2 The landscape plan, dated 05/29/14 shall be revised as follows: a. Construct a 35 -foot wide landscape buffer along Linder Road and Chinden Boulevard. These buffers shall be designed to include a mix of trees, lawn, shrubs and other vegetative groundcover in accordance with the standards listed in UDC 11-313-7C and shall be constructed with the first phase of development. b. Construct a 5 -foot wide detached sidewalk along N. Linder Road in accord with UDC 11-3A- 17. c. Construct al 0 -foot wide multi -use pathway along W. Chinden Boulevard in accord with UDC 11 -3H -4C.4. Submit a public use easement to the Planning Division for the multi -use pathway adjacent to W. Chinden Boulevard prior to City's Engineers signature on the final plat. d. All fencing shall be installed in accordance with UDC 11-3A-7. Temporary construction fencing to contain debris must be installed around the perimeter with the construction of any commercial building on the site. e. If the unimproved street right-of-way along W. Chinden Boulevard and N. Linder Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. f. Construct Lots 1 and 3, Block 3 as proposed. With the development of Lot 2, Block 3, the applicant shall construct a 25 -foot wide landscape buffer adjacent to the west and north boundary in accord with UDC 11-313-9C. g. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. h. With the future development of the commercial lots, the applicant shall comply with the parking lot landscaping standards in accord with UDC 11-3B-8. 1.2.3 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open as a water amenity or linear open space in accord with UDC 11 -3A -6A.2. 1.2.4 The applicant shall record the final plat and obtain the Planning Division's approval of a certificate of zoning compliance and design review application prior to applying for a building permit. With the development of Lots 5 and 6, Block 1, the applicant shall extend the 5 -foot wide pedestrian walkways on each side of the central access to the front entrances of the future buildings. 1.2.5 With the development of the commercial lots, the off-street loading areas must comply with the standards in accord with UDC 11-3C-8. 1.2.6 The existing structures must be demolished and the existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. 1.2.7 Comply with all ACRD conditions of approval. 1.3 General Conditions of Approval Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 14 EXHIBIT A 1.3.1 Comply with all provisions of UDC 11-3A-3 with regard to access to streets and maintaining the clear vision triangle. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.3.4 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.5 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.6 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.8 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.9 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.10 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.3.11 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.3.12 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.3.13 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.3.14 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.3.15 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 The applicant shall install sanitary sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 15 EXHIBIT A materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Domestic water mains to provide service to this development will be from extension(s) of existing United water of Idaho mains adjacent to the site. Per Meridian City Code, the applicant shall be responsible to install water mains to and through this development. 2.1.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.1.4 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.10 All development improvements, including but not limited to sanitary sewer and water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.14 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 16 EXHIBIT A 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conforrm to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to fmal plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.24 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 The proposed project has no Fire Department concerns. 4.2 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 17 EXHIBIT A 5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian Planning Division, the applicant shall submit a scaled site plan and detail of the trash enclosure to Bob Olson at Republic Set -vices (345-1265) that demonstrates compliance with the following items: a. Suitable waste enclosure locations (enclosuires should be located to minimize service vehicle back-up requirement)]; b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required; inchuding poi>>er and teleconuuuunication lines; this requirement increases to 22' at container seivice locations); c. Ample number and size of waste receptacles/enclosures to meet waste generation points and volumes; d. Adequate waste enclosure access (the applicant shall pi°oxide drive -on capability for 6 and 8 cubic yard containers; allotit, a mininuun of 60' frontal clearance); e. Adequate turning radius (provide a minimums 28' inside and 48' outside for all entr-ances, internal roads, drive aisles, alleys, and private sheets u here they intersect a public street); f Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. g. Meets design standards for waste enclosure(s): i. Concrete pad for the waste enclosure (required for all enclosures); ii. Concrete apron in front of waste enclosure (mininuan 8' in depth) iii. Gate locks for the waste enclosure for both open and closed positions; iv. Clearance inside waste enclosure gates (mininnan 12'x 10' tir,hen in open position) Note: If building tenant ivishes to recycle, please contact Bob Olson at Republic Services (345- 1265) for mininumu dimensional requirements; v. Bollards inside the enclosure to prevent the container from damaging the walls and gates; vi. Waste enclosure user access (When possible, the enclosu m should be designed with ars easy pedestrian access point other than the front gates to ensure less mess within the enclosure as inell as reduce gate damage). 6. PARKS DEPARTMENT 6.1 Construct a 10 -foot multi -use pathway adjacent to Chinden Boulevard. At such time that the multi- use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to signature on the final plat. 7.1.2 Construct 5 foot wide detached concrete sidewalk on Linder Road abutting the site as proposed. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of- way. Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 18 EXHIBIT A 7.1.3 Close and replace the existing driveways from the site onto Linder Road with vertical curb, gutter, and 5 foot wide detached concrete sidewalk, consistent with adjacent sidewalk on Linder Road. 7.1.4 Dedicate additional right-of-way needed for the widening of the Linder Road. ACRD will provide compensation for right-of-way dedicated beyond the existing right-of-way. (See Findings for Consideration No. 2.) 7.1.5 Construct Island Green Drive as a 36 -foot commercial street section with vertical curb, gutter, and 5 foot wide attached concrete sidewalk within 50 feet of right-of-way as proposed. 7.1.6 Construct Island Drive to connect with Linder Road approximately 620 feet north of Chinden Boulevard as proposed. Extend the existing median in Linder Road and modify as necessary to restrict the public street to right-in/right-out/left-in. This access may be restricted in the fixture at the discretion of ACRD. 7.1.7 Comply with the requirements of the City of Meridian regarding the proposed private road onto Chinden Boulevard. The private road must be paved its entire width and at least 30 feet into the site beyond the edge of pavement. Street name and stop signs are required and may be ordered through the District. 7.1.8 Construct Island Green Drive to have a passive traffic calming design element (such as bulb -outs or chokers) west of the proposed private drive. 7.1.9 Direct lot access to Linder Road is prohibited and shall be noted on the final plat. 7.1.10 Payment of impacts fees are due prior to issuance of a building permit. 7.1.11 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 hi accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 19 EXHIBIT A Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the fixture, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 20 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analysis. The Council considered all public testimony presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Chinden and Linder Crossing Subdivision PP -14-011 & MDA -14-008 PAGE 21 September Master License Agreement with Ada County Highway District for Public Artwork in the City of Meridian Community Item/Presentations Presenter Conta, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Property Management No. - Street: T , R , S MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK IN THE CITY OF MERIDIAN THIS MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK IN THE CITY MERIDIAN (the "A reement" is made and entered into this3"--2day of OF "Agreement") 7 4 , 2014 ("Effective Date"), by and between the ADA COUNTY HIGHWAY DISTRICT, a body pcorporate and of the state of Idaho ("ACHD"), and the CITY OF MERIDIAN, a municipal corporation of the state of Idaho ("Licensee"). WITNESSETH : For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over all public rights-of-way within the City of Meridian, Ada County, Idaho that are part of ACHD's highway district system, as defined in Idaho Code § 40-109(1) (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Installation, maintenance, repair and replacement of public artwork, including but not limited to architecture, assemblages, ceramics, mosaics, paintings, sculptures, stained glass, tapestries and vinyl wraps. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of- Way has been opened as a public Highway (as used in the Agreement, the term "Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 1 purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the ublic right-of-way. This Agreement is not intended to, and shall p not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance of the Licensee's improvements currently located in the Right- of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Authorized Use (the "Improvements") shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the licensep ursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party, with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no fee for Licensee's Authorized Use of the Right-of-Way under this Agreement. MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 2 SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or Licensee's desi n, installation or use of the Improvements, regardless of (ii) g cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, g Y ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 7.4 Licensee shall be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 3 the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee shall promptly remove all Improvements and restore the Right-of- Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right- of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, including, without limitation, any attorneys' fees and costs that may be incurred by ACHD in defense of such claims or actions MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 4 indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply with and observe in all g respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-Way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste nor allow any nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including, without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended or any of its rights hereunder except with the prior written consent of ACHD, which consent shall not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days followingday deposit of de osit in the United States Mails, (c) the day of delivery to the overnight courier or (d) the day facsimile delivery is electronically confirmed. MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 5 If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian City Attorney's Office 33 E. Broadway Avenue Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS; RECITALS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 The person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit of, Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 6 CITY OF MERIDIAN -'' , By: Tammy .' h e Weerd Its: Mayor ATTEST: / , dia.„..„_ e By: Jaffee L. Holman Its: CityClerk ;;;,STATE OF IDAHO ) ) ss. County of Ada ) 3€Pf(JV*,e.,Y On this DrNd day of , 2014, before me, 3p,SS'tcoL._.1d,, S , a Notary Public in and for the State of Idaho, personally appeared Tammy L. de Weerd, known or identified to me to be the Mayor of the City of Meridian, and Jaycee L. Holman, known or identified to me to be the City Clerk of the City of Meridian, the persons who executed this instrument on behalf of said City, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day, month, and year in is certificate first above written. 41::110* "0°-",t- 4:11.4* No = Public for Idaho • `� • r s • Residingat: k. dtet at, I • ' • • a f •• My Commission Expires: a,.n _ � �c7 •: 4): • �' •• \ \C)', ,4111,"t*• MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 7 AD A •U (3WAY DISTRICT i (4d.k., _______ By: J• n S. Fran en Its: "resident TTES . ......, 1p - _A,. , '------r----------\ By: B S. Wong �''�'' Its: Director STATE OF IDAHO ) ) ss. County of Ada ) 314rOn th' day of , 2014, before me, Ce M Ari-- a1? , a Notary Public in and for the State of Idaho, persoaatiy appeared John S. Franden, known or identified to me to be the President of [ the Ada County Highway District Commission, and Bruce S. Wong, known or identified ✓ to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHERE e , I ►ave hereunto set my hand and affixed my official seal the day and year first a••v: • tten. oir iii 1• ,Cee.*••�•••••••4 �, - P. - e(14,LA.L..,,............., �.. *•` , '1 `'%. otary Publi •r I• . Q .44,4. ``•. Residing at //45e 1 Cc• D i ca-i a o My Commission xpires. . t_c ig �Ol :ran40,0 I . i'd, PU11%.' *1 \t, * \c , . ,`* .#9,41rEo� 0# ••..r,I$,$$•• The Ada County Highway District(ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. MASTER LICENSE AGREEMENT FOR PUBLIC ARTWORK- Page 8 DATE: September 2, 2014 IT 5N PROJECTNUMBER: ITEM TITLE: PROFESSIONAL SERVICES AGREEMENT Professional Services Agreement with parents of Kory Kay Ramsay for Artwork for Traffic Box Community Art Project MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 26th day of August, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kellie Murphy ("Contractor"), an individual person and parent or legal guardian of Kory Kay Ramsay, a minor child ("Artist"). (City and Contractor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist and displayed at the Meridian Joint School District no. 2 Student Art Show on April 25, 2014 to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and the Meridian City Council accepts MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on one or more traffic control boxes, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor agrees to personally deliver the Artwork to the Meridian City Attorney's Office by 5:00 p.m. on Friday, August 15, 2014, and to allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. Contractor shall coordinate with the Meridian City Attorney's Office to facilitate the return of the original Artwork to Contractor. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. PROFESSIONAL SERVICES AGREEMENT — UTILITY BOX WRAP PAGE I of 3 C. Copyright. Neither Artist nor Contractor shall not make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Monetary compensation. City shall not provide monetary compensation to Contractor or to Artist for services, work, and/or any activity undertaken pursuant to this Agreement or right or interest related to this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 2 of 3 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 26th day of August, 2014. CONTACTOR: Print Name: Parent or Guardian of Kory Kay Ramsay ARTIST: Kory Kay Ramsy- CITY OF MERIDIAN: f o f f rr' BY: fe _,. Tammy de Weerd, Mayor - Jai ee H61man, City Clerk U' PROFESSIONAL SERVICES AGREEMENT —UTILITY BOX WRAP '' PAGE 3 of 3 September 2, 2014 ITEM NUMBER: 50 Approval of construction agreement for the Access Control for the Public Safety Training Center and Police Department Addition" project to Clima-Tech Corporation for the Not -To -Exceed amount of $98,096.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager C: Jacy Jones, Max Jensen Date: 08/27/2014 Re: September 2nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the Sept 2nd City Council Consent Agenda for Council's consideration. Approval of Agreement to CLIMA-TECH CORPORATION for the "MERIDIAN POLICE DEPARTMENT ADDITION AND PUBLIC SAFETY TRAINING CENTER AUTOMATED LOGIC ATC SYSTEM" prosect for a Not -To -Exceed amount of $98,096.00. Recommended Council Action: Award of Agreement to CLIMA-TECH CORPORATION for the Not -To -Exceed amount of $98,096.00. Thank you for your consideration. Page 1 AGREEMEAT • • , ,WES MERIDIANDEPARTMENT ADDITION AND t PUBLIC SAFETY TRAINING CENTER THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of Se tep mber, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Clima-Tech Corporation, hereinafter referred to as "CONTRACTOR", whose business address is 875 W McGregor Court, #180, Boise, ID 83705, and whose Public Works Contractor License # is C-10307. Whereas, the City has a need for services involving MERIDIAN POLICE DEPARTMENT ADDITION AND PUBLIC SAFETY TRAINING CENTER; and WHEREAS, the Contractor is specially trained, experienced and competentto perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $98,096.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. A five percent (5%) retainage shall be withheld by the City from each payment. The final payment request shall include the release of the five percent (5%) retainage and shall be submitted to the City upon final completion and acceptance of the work by the City. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall achieve Substantial Completion of the entire Work not later than July 22, 2015. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. FVTOT-•��� As part of the requirements of the awarded contract and before performing any work or being admitted to secure areas of the Police Department, the contractor, subcontractors, and all employees working on this project will be required to pass a criminal background check conducted by Meridian Police Department personnel. There is no fee for the background check. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injuryto persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Clima-Tech Corporation Purchasing Manager Attn: Jen Johnson 33 E Broadway Ave 875 W. MacGregor Ct., Ste 180 Meridian, ID 83642 Boise, ID 83705 208-888-4433 Phone: 208-377-9755 Email: jenj@clima-tech.com Idaho Public Works License # C-10307 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: r TAMMY de WEERD, MAYOR Dated: Approved by Council: BY: Dated: r� Attesf s �,. .fie JAYCEE L. HOLMAN, CITY CLERK`,,,',, �y Purchasing Appr val, "f BY: r KEIT, ATTS, Pu chasing Manager Dated:: - Z � r / ue -02i]:YA 0 [s] 0 rtment Approval BY: JeffL Fve. , olice Chief Dated:: — —ol 61 Attachment A R*91917 41reiN GIZ Services will be provided at the following location: Meridian Police Department and Public Safety Training Center 1401 East Watertower Street Meridian, ID 83642 (208) 888-6678 Furnish and install Automated Logic Corporation ATC system for Meridian City Police Addition & Public Safety Training Center as specified on project drawings and specification 230900 including addenda 1. Project to be furnished as follows: Control Modules for: 4- VVT Zone with Electric Reheat (PSTC) 1- VVT Zone (PSTC) 6- Zone Rooftop Package Unit (PSTC) 1- Garage UH, CO, & Damper Control (PSTC) 2- Server Room Monitor (PSTC) 1- VVT Rooftop Package Unit (PSTC) Peripheral Hardware and Labor Included in Proposal: Provide and install damper actuators as follows: 1. IH -1 Damper (1) 2. VVT RTU Bypass Damper (4) 3. RTU 19 A/B Isolation Damper (4) Provide dampers as follows: (installation by others) 1. VVT Zone (24) 2. VVT Bypass (4) 12- VVT Zone (MPD) 7- VVT Zone w Electric Reheat (MPD) 2 -Server Room Rooftop Unit (MPD) 3- VVT Rooftop Package Unit (MPD) 1- Outdoor Air Monitoring System (PSTC) 1- BACnet System Router (PSTC) All sensors and control wiring required for complete installation Provide all programming, graphics, and download/commissioning Merge new equipment into existing Automated Logic frontend server. Provide and install CO condition sensor (1) Includes 100% performance bond and insurance. Following Items are Specifically Excluded from this Proposal: 1. Provide or install fire/smoke dampers or detectors 2. Provide any control dampers unless listed above or installation of any dampers 3. Installation of any equipment manufacture's field mounted controls or devices unless listed above 4. Provide or install of VVT electric reheat coils. 5. Provide or install non -DDC thermostats or split system devices/wiring. Warranty shall be two year parts and labor on new controls system after owner's final acceptance. Attachment B A. Total and complete compensation for this Agreement shall not exceed $98,096.00. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Meridian Police Department Addition And Public Safety Training Center page 9 of 9 DATE: September 2, 2014 ITEM NUMBER:5 PROJECTU ITEM TITLE: AWARD OF BID AND AGREEMENT Award of Bid and Agreement to Alta Construction for the "WWTP Paving and Grading Project and Storm Water Improvements" for the Not -To -Exceed amount of $357,129.55 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager Jacy Jones, David Allison Date: 08/21/2014 Re: August 26th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 26th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to ALTA CONTRUCTION for the VWTP PAVING AND GRADING PROJECT AND STORMWATER IMPROVEMENTS - CONSTRUCTION" project for a Not -To -Exceed amount of $357,129.55. This agreement is the result of formal IFB PW -14-10454 issued July 17, 2014 and opened August 6th. Two bids were received. Recommended Council Action: Award of Bid and Approval of Agreement to ALTA CONSTRUCTION for the Not -To -Exceed amount of $357,129.55. Thank you for your consideration. Page 1 CITY OF (MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: REQUESTING DEPARTMENT Public Works Fund: 60 Departme Construction: x Project Name: Project Manager: D Contractor/Consultant/Design Engineer Budget Available (Attach Report): Will the project cross fiscal years? nt: 3590 GL Account: 92100 Project # 10454 PSA: Task Order: WWTP Paving & Grading and Storm Water Improvements avid Allison Department Representative: n/a ALTA Construction / Mtn Waterworks/SPF Water Engineering Yes Contract Amount: $357,129.55 Yes x No Budget Information: FY Budget: 2014 Enhancement#: 11 Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated (Bid Results Attached) x (Ratings Attached) Typical Award Yes x No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License # C -3938 -AAA -1,2,3 Corporation Status (Attach Print Out) August 18, 2014 Current? (attach print out) Goodstanding Insurance Certificates Received (Date): August 22, 2014 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No Master Agreement (Category) Date Award Posted: August 8, 2014 Yes Correct Category? Rating: A+ Rating: If yes, has policy been purchased? Date Submitted to Clerk for Agenda: August 27, 2014 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: E r�1 W m Z I -- Z O Q m sgnS sgnS #�!1 pude p!8 wnpuepp pauBIS w O Z im AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP PAVING AND GRADING PROJECT AND STORMWATER IMPROVEMENTSCONSTRUCTION PROJECT # 10454 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made effective this 26th day of August, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Alta Construction, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 619 N. Cloverdale Rd, Boise, ID 83713 and whose Public Works Contractor License # is C -003938 -AAA -1,2,3. Whereas, the City has a need for services involving WWTP PAVING AND GRADING PROJECT AND STORMWATER IMPROVEMENTS - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: ►1 ` Z I 9X9161I • 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 1 of 12 Project 10454 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $357,129.55. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 2 of 12 Project 10454 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion. Substantial Completion shall be accomplished within 45 (forty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. August 26, 2014 August 27, 2014 August 27, 2014 October 11, 2014 October 26, 2014 4. Termination: Anticipated Council Award Notice to Proceed Pre -Construction Conference Milestone 1 — Substantial Completion Milestone 2 —Final Completion 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and WWTP Paving And Grading Project And Stormwater Improvements - Construction page 3 of 12 Project 10454 specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance WWTP Paving And Grading Project And Stormwater Improvements - Construction page 4 of 12 Project 10454 of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 5 of 12 Project 10454 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Alta Construction, Inc Purchasing Manager Attn: Justin King 33 E Broadway Ave 619 N Cloverdale Rd Meridian, ID 83642 Boise, ID 83713 208-888-4433 Phone: 208-853-6588 Email: Iking@altaedge.coom Idaho Public Works License #C -003938 -AAA -1,2,3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 6 of 12 Project 10454 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 7 of 12 Project 10454 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 8 of 12 Project 10454 WWTP Paving and Grading Project and Stormwater Improvements — Construction Project 10454 Signature page. CITY OF MERIDIAN BY: TAMMY de WEERID, MAYOR Dated: Approved by Council: I-, I I k fj, plej k, 6-10 a I Eel Ii jkl M I� BY: JUST , -P 4' s , ("itv 0, 1,4 'A JAYCEE L, HOLMAN, CITY CLER Purchasing Approval BY: KEIT 'WATT8,-0ue66sing Manager Dated:: -7 Z ,Z 0 , Vic(F Pr4ident WZPATAI�IA 06parImpint Appro oval BY: WARREN STEWART, Engineering Manager Dated::— I/ q WWTP Paving And Grading Project And Stormwater Improvements - Construction page 9 of 12 Project 10454 Attachment A WWTP Paving And Grading Project And Stormwater Improvements - Construction page 10 of 12 Project 10454 Attachment B A. Total and complete compensation for this Agreement shall not exceed $357,129.55. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion — 45 Days from Notice to Proceed Asphalt Improvements Milestone 1 Substantial Completion — 45 Days from Notice to Proceed Stormwater Improvements Milestone 2 Final Completion — 60 Days from Notice to Proceed Asphalt Repair Milestone 2 Final Completion — 60 Days from Notice to Proceed Stormwater Improvements PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WWTP PAVING AND GRADING PROJECT AND STORMWATER IMPROVEMENTS - CONSTRUCTION per IFB PW -14-10454 Total Bid Schedule 1 ...................$278,663.80 Total Bid Schedule 2 ...................$78,465.75 CONTRACT TOTAL ....................... $357,129.55 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. RICING SCHEDULE1 1/tGRADING Description Qnty Unit Unit Price Mobilization 1 LS $52,500.00. Priority 1 Saw Cutting 500 LF $1.25 Priority 1 AC and Regular Base 8,980 SF $5.72 Priority 1 AC and Deep Base 23,000 SF $5.29 Priority 1 AC Removal and Disposal 31,980 SF $0.28 Priority 1 Manhole Adjustments 1 EA $375.00 Priority 1 Cleanouts 1 EA $375.00 Priority 1 Valve Boxes 5 EA 125.00 Priority 1 Utility Boxes 4 EA $2,250.00 Priority 1 3' Valley Gutter 655 LF $31.25 WWTP Paving And Grading Project And Stormwater Improvements - Construction page 11 of 12 Project 10454 Priority 1 Culvert 6" HDPE Pipe Sleeve Install 1.5" Gas Line Gravel Road Misc. Riprap Demobilization SWPPP Description GENERAL CONDITIONS (including mobilization, schedule, bonds and insurance, and taxes) Excavation And Export To On -Site Waste Stockpile Filter Sand Per ISPWC Section 801 Nonwoven Drainage Filter Fabric (4OZ/YD) 6 -Inch Round River Cobble 3 -Inch Thickness Of 3/4" Light Tan Permabark 3 -Inch Thickness Of 3/4" Round Rock Mulch Commercial Grade Weed Barrier 14 -Inch Schedule 40 Steel Pipe Dewatering Site Traffic Control Measures Erosion Control/Swppp Construction Survey MISCELLANEAOUS (includes all remaining contract items not specifically identified above) 30 LF $7.29 $37.50 8 0 LF 1,400 $4.68 220 LF CY $19.88 600 SF $74.59 $1.50 1 LS 13,280 $875.00 1 LS LF $1,250.00 1 LS $3,12S.00 $3,750.00 LS Qnty Unit Unit Price 1 LS $14,375.00 1,550 CY $7.29 900 CY $21.95 1,400 SY $1.33 180 CY $47.98 71 CY $74.59 52 CY $41.50 13,280 SF $0.19 40 LF $40.62 1 LS $3,12S.00 1 LS $1,250.00 1 LS $1,120.00 1 LS $3,200.00 1 LS $2,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP Paving And Grading Project And Stormwater Improvements - Construction page 12 of 12 Project 10454 • • 0 Septemberi ITEM NUMBER: 5Q Recreational Pathway Easement Between Madison Meridian, LLC and the City of Meridian MEETING I1,0TES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-071992 BOISE IDAHO Pgs=S BONNIE 09/04/2014 01:13 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00017856201400718820050051 RECREATIONAL PATHWAY EASEMENT 4 THIS AGREEMENT, made and entered into this day of Se_* K 1bu , 2014, between Madison Meridian, LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of allersons whomsoever. soever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: MADISON MERIDIAN, LLC "IJ A BY: Alan Cantlin Its: Member STATE OF WASHINGTON ss County of King On this 9-� �da of4-ck�us �Y, 2414, before me, the undersigned, a Notary Public in and for said State, personally appeared t rl known or identified to me to be the .P m b..r-r- that executed the ' � within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal y a the day and year fist above written. DEBBIE A. METULLY NOTA"Y PUBLIC STATE 4rAS�IINGTaN COMMISSION EXPIRES NOVEMBER 19, 2015 Recreational Pathway Easement % . ,P. ( NOTARY PUBLIC FOR WASHINGTON Residing at:— Commission Expires: it t -;,-oi5' GRANTEE: CITY OF MERIDIAN Tammy de eqid, Mayor Imo✓' Attest b jaycee Holman, City Cler Approved By City Council On: STATE OF IDAHO ss. County of Ada } On this Ond da of y (-:) f. V , 2014, before me the undersigned, a gn Notary Public in and for said State, personally appeared TAMMY DE WEE RD and JAYCEE HOLMAN, known to nye to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me g that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the and year first above written. Y day Recreational Pathway Easement Vi ARY PUBLI FOR IXff ing at:_1.7 � t C. Y ! Commission Expires: �. August 27, 2414 PUBLIC ACCESS EASEMENT 16 FOOT WIDE EASEMENT THAT PORTION OF NEW PARCEL 2 OF A RECORD OF SURVEY AS RECORDED UNDER INSTRUMENT NO. 114446632, RECORDS OF ADA COUNTY IDAHO ALL IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., BEING A 16 FOOT WIDE EASEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 16 FEET OF THE WEST 28.54 FEET OF SAID NEW PARCEL 2. EXCEPT COUNTY RIGHT OF WAY. � 13gii v, �o of N A. GOR c %ij %J I I PRO 0 =1 z rn 0 rn C.0 Ln I Now— 000. 01 00 > > U) 0 rn z m z m r > > 0 rnZ ;0 -c rrl Z z Zm K) > rl s -A -D C-) > 1c) ornoF.028 x C-) 00 -vocm (AS> - Z 0 ull: r, C) rn > m z 5* 55 W- _-> >*Q Z ci ;v Q rn 0 (1) * In 0 cn •0 rn 0a (3) 9 rn Im C�. z c: q 0 OD cacao --& (D (D C:) a) Ul 0 2 ci cn p,M 10 CLO0 * 1 0130C0 it x �b cri cri Ill a) z 77-777 z -u r7l m ilk' N01 *29'29"E 254.77' pm v p =F P EAGLE ROAD PROD #: S-1071 PUBLIC ACCESS EASEMENT DATE: 8/22/14 MATTRESS FIRM E DRAWN: amm LANARK STREET APPROVED: JAGI MERIDIANj IDAHO WHIPPLE CONSULTING ENGINEERS BCALE: N/AE XHIBIT B SPOKANE VALLEY, WASHINGTON 99216 1071- 1 PH: 509-893-2617 FAX 509-926-0227 III A • 11 1. 11 ZME=0 DATE: 2, 2014 ITEM NUMBER: 5R GROUNDPROJECT NUMBER: ITEM TITLE: PURCHASE 9 ACRES - STORAGE TANK #4 Purchase 9 Acres for Ground Water Storage Tank #4 for a Cost of $243,750.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes a vu CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l' IDAHOC E IDIANt-6--- Public IL Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Dean Stacey DATE: August 20, 2014 Mayor Tammy de Weerd City Council Memberst toe Borton Keith Bird Lube Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: PURCHASE 9 ACRES FOR GROUND WATER STORAGE TANK # 4 FOR A COST OF $243,750. I. RECOMMENDED ACTION A. Move to: 1. Approve the purchase of 9 acres as the future site of Ground Water Storage Tank # 4 for a cost of $243,750. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 489-0386 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Public Works has been working to acquire real property for water storage reservoirs in advance of development to ensure it is available to serve future needs and that the locations are signed in advance of neighboring development to improve awareness of the anticipated use. Public Works has identified a viable property that can be developed to allow construction of a ground water storage tank. B. Proposed Project The proposed purchase will allow the future design and construction of water storage tank, well house, filter building, booster station, and retention/ detention basin in pressure zone 5. Page 1 of 2 IV V VI. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure future needs. Property values will continue to rise and availability of acceptable sites for water reservoirs will dwindle, limiting our capability to provide an adequate water supply. B. Service/Delivery Impact: Acquiring this property will enable the successful design and construction of Ground Water Storage Tank #4 and follow on projects as appropriate in order to provide water service to our growing community in pressure zone 5. C. Fiscal Impact: FY 2014 Budget (3400-91000) $350,000 Property Cost $243,750 Estimated costs of due diligence activities $15,000 TIME CONSTRAINTS If approved, Public Works plans to have the purchase completed by the end of FY 14. LIST OF ATTACHMENTS A. Ground Water Storage Tank # 4 B. Purchase and Sale Aareefinent Approved for Council Agenda: Page 2 of 2 to ill 1111�11 111111p 11 Al •' •11 1- - r DATE: September 2, 2014 ITEM NUMBER: 5S Approval of Purchase of Hewlett Packard replacement Laptops and Desktops for Fiscal Year 2015 for the Not to Exceed Amount of $1 1 1,086.22. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Purchase and Sale Agreement COLLIERS PARAGON, LLC August _�, 2014 Sep+em�er 1. City of Meridian, an Idaho municipal corporation, and/or assigns hereinafter called ('Buyer") agrees to purchase and Craig L. Gibson, hereinafter called ("Seller") agrees to sell the following described real estate hereinafter referred to as ('Premises.") 2. PREMISES ADDRESS AND LEGAL DESCRIPTION. The property located at the Southeast comer of Amity Road and Meridian Road, City of Meridian, County of Ada, State of Idaho, consisting of 9.0f acres of land as outlined and legally described as set forth in the attached Exhibit A. Exact acreage, tax parcels and parcel lines to be determined by a survey mutually approved by both the Buyer and Seller no later than two (2) weeks prior to Closing. Buyer and Seller authorize the Escrow Agent (as such term is defined in Section 5) to make corrections to the legal description at their request. . 3. REPRESENTATION CONFIRMATION. John Starr of Colliers Paragon, LLC is the broker representing the Buyer, and Robert Runyan of RFR Properties, LLC is the broker representing the Seller. Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and. SELLER(S). Section 1: A. ❑ The broker working with the BUYER(S) is acting as an AGENT for the BUYER(S). B. ❑ The broker working with the BUYER(S) is acting as a LIMITED. DUAL AGENT for the BUYER(S). C. ❑ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. ❑O The broker working with the BUYER(S) is acting as a NONAGENT for. the BUYER(S). Section 2: A. © The broker working with the SELLER(S) is acting as an AGENT for the SELLER(S). B. ❑ The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S). C. ❑ The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S) D. ❑ The broker working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Page 1 of 16 Buyer Initials a ler Iwtials Each parry signing this document confirms that he or she has received read and understood the Agency Disclosure Brochure, attached as Exhibit C, and has elected the relationship confirmed above. In addition, each party confirms that the brokers agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE/SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 4. RESPONSIBLE BROKER. The Responsible Broker in this transaction is Robert Runyan, Designated Broker for RFR Properties, LLC. ID MMIll.3l&RrZIMI (i) Within five (5) business days of the execution of this Agreement, Buyer shall deposit Ten Thousand and N0/100 Dollars ($10,000.00) in the form of cash (the "Earnest Money Deposit") as earnest money with Title One Corporateion or assignee, 1101 W. River St., Suite 201, attention Scot Darling, Boise, ID 83702 Phone: 208.287.5300 Email: sdarling@titleonecorp.com (the "Title Company" and/or "Escrow Agent" as applicable). Subject only to the Buyer's Conditions Precedent set forth in Section 8 of this Agreement, and absent Seller's breach or inability to perform, the Earnest Money Deposit is non-refundable but such Earnest Money Deposit and the accumulated interest thereon shall be applied against the Purchase Price at closing and refanded to Buyer only in the event this Agreement is terminated as a result of the Seller's breach hereunder. In the event this Agreement is terminated after Buyer's Conditions Precedent have been waived or satisfied, or the sale fails to close, by reason of a breach by Buyer, The Earnest Money Deposit shall be paid to Seller. (ii) Earnest Money Deposit shall be deposited with the Escrow Agent upon acceptance by Seller and Buyer of this Agreement and shall be held in trust in accordance with the terms and conditions of this Agreement. 6. PRICE/TERMS. Purchase Price for the Property shall be Two Hundred Forty Three Thousand Seven Hundred Fifty and No/100 Dollars ($243,750.00) and subject to adjustment as identified below per the survey and lot line adjustments as follows: Purchase Price for the 7.25+ acres of land situated on parcel number S 1131223010 shall be Two Hundred Seventeen Thousand Five Hundred and NO/100 Dollars ($217,500.00) or Thirty Thousand and NO/100 ($30,000.00) per acre, Purchase Price for the 1.75-+ acres of land situated on parcel number S 1131212610 shall be Twenty Six Thousand Two Hundred Fifty and NO/100 Dollars ($26,250.00) or Fifteen Thousand and NO/100 ($15,000.00) per acre; Payable as follows: (i) $10,000.00 Earnest Money Deposit Page 2 of 16 Buyer Initials Seller Initials (ii) $233,750 Balance of the purchase price to be paid in cash at Closing. 7. INCLUDED ITEMS. All easement rights, mineral rights, other appurtenances, water and water rights appurtenant to or used on the Premises as adjusted by the survey and lot lines including, but not limited to, any right Seller may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's facilities, or under entitlements held by a third party for use on the Premises, and all shares, certificates, and other documents evidencing such water rights. Other items specifically included in this sale:None Items specifically excluded from this sale:None 8. ADDITIONAL TERMS, CONDITIONS, AND CONTINGENCIES. The date upon which all conditions and contingencies must either be satisfied or waived shall be 60 days from mutual execution of this Agreement, (the "Satisfaction Date"), with the exception that such date may be extended pursuant to the procedure set forth in Exhibit D of this agreement. 8.1 BUYER CONDITIONS: The closing of this transaction is contingent upon satisfaction or waiver by Buyer of the following conditions: Inspection: Upon mutual execution of this Purchase Agreement Buyer shall be given full opportunity to inspect and investigate and to accept to Buyer's satisfaction, each and every aspect of the Property independently or through agent(s) of Buyer including, but without limitation with regard to: i. All matters relating to title together with all governmental and other legal requirements such as taxes, assessments, zoning, environmental studies, use permit requirements and codes. ii. Buyer shall further be granted access to inspect the physical condition of the Premises and all matters relating to the internal and external maintenance of any improvements of the structures and/or grounds related to the Premises. Buyer shall reasonably repair any damage casued by Buyer's entry onto the Property and shall not allow any lien to be filed against the Property due to Buyer's entry and activities on the Property prior to Closing. iii. Approval of the Due Diligence Materials set forth in Exhibit B attached hereto that shall be delivered to Buyer within three (3) days of the mutual execution of this Agreement. iv. Buyer's confirmation, at Buyer's sole discretion that the Property may be utilized for the Buyer's intended use as a municipal water storage structure or other use desired by the Buyer, prior to the Satisfaction Date, including but not limited to the results of a topographic survey conducted at Buyer's expense Page 3 of 16 Buyer 'Mer Initials v. Survey Contingency as outlined in section 9 below. If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date this Agreement shall terminate, provided Buyer has given written notice of such unsatisfied and unwaived conditions to Seller by the Satisfaction Date, and the Earnest Money shall be returned to Buyer. Failure of Buyer to give written notice to Seller of unsatisfied conditions by the Satisfaction Date shall be deemed to be waiver by Buyer of all such conditions. 9. SURVEY CONTINGENCY. Exact acreage and parcel lines to be determined by a survey mutually approved by both the Buyer and Seller no later than two (2) weeks prior to Closing. Buyer shall have five (5) business days from receipt of the survey to give Seller written notice of its disapproval of the survey, at Buyer's sole discretion. If this Buyer provides written notice to Seller of its disapproval, this Agreement shall terminate and the Earnest Money shall be returned to Buyer. Failure of Buyer to give written notice to Seller of unsatisfied condition of the survey shall be deemed to be waiver by Buyer of this condition. Buyer shall pay for the cost of the survey and the metes and bounds legal description of the 9.O1 acres, as outlined on the attached Exhibit A, and the cost of the lot line adjustments to establish the parcel in accordance with the laws of Ada County. Revised lot lines and adjustments to tax parcels shall be recorded after Buyer removes it contingencies and agrees to close. 10. TITLE COMPANY/ESCROW AGENT. The parties agree that the TITLE COMPANY/Escrow Agent as defined in Section 5, shall provide any required title policy and preliminary report or commitment. Each party agrees to pay one-half of the Escrow Agents fee. 11. TITLE INSURANCE. Seller shall provide and pay for an ALTA Owner's or Purchaser's Standard Coverage Title Policy insuring the Buyer for the amount of the purchase price. Extended coverage required ❑Yes ❑O No. Additional premiums for extended coverage and any survey required by the Title Company shall be paid by Buyer in the event that Buyer elects to require Extended Coverage as a result of the inspections conducted during the due diligence period. Seller shall cause the Title Company to provide Buyer with a preliminary title report or commitment together with copies of all underlying documents giving rise to any exceptions listed therein on within five (5) business days of the execution of this Agreement. Buyer shall have until the Satisfaction Date to object, by written notice to Seller, to the condition of title as set forth in the report. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to exceed fifteen (15) days, to remove any such objection to exception or provide affirmative title insurance coverage, and in the event the Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this Agreement or (b) proceed to closing, taking title subject to such exceptions. If the Buyer does not object within the time frame set out above, the Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate this Agreement as provided herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be delivered to the Buyer by the Title Company as soon as possible after closing. Page 4 of 16 Buyer Initials Seller Initials 12. CLOSING DATE. On or before "Closing" ("Closing" shall be deemed to be the date on which the deed is recorded and the sales proceeds are available for disbursement to Seller and as otherwise directed by the parties) Buyer and Seller shall deposit with the Escrow Agent all funds and instruments necessary to complete the sale. Closing shall occur no later than October 15th. 2014. 13. DOCUMENTS TO BE DELIVERED AT CLOSING. On the date of Closing, Seller shall have executed, or caused to be executed, and delivered to the Closing Agent the following documents, if required by Buyer, in a form reasonably acceptable to Buyer and Seller: (a) General Warranty Deed (b) FIRPTA (c) An Assignment and assumption of all leases, warranties, contracts, and guarantees that effect the Premises in a form mutually agreed to between the parties, (if applicable) (d) Bill of Sale (if applicable) (e) Any other instruments or documents reasonably requested by Buyer; 14. POSSESSION/PRORATION/CLOSING COSTS. Buyer shall be entitled to possession on the day of Closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserves on obligations assumed and utilities shall be prorated as of Closing. Any tenant deposits held by Seller shall be credited to Buyer at Closing. All standard closing costs shall be shared by Buyer and Seller on a 50/50 basis, except the cost of an ALTA Standard Coverage Title Insurance policy as outlined in section 11 above and brokerage commissions outlined in section 23 below. 15. ACCEPTANCE. Buyer' .offe is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of 2 /4' 16. DEFAULT. If Seller executes this Agreement and title to the Premises is marketable and insurable in the conditions approved under Section 8 hereof and all Buyer's contingencies have been removed or waived, and Buyer neglects or refuses to comply with the terms of or any condition of sale by the date on which such term or condition is to be complied with, then the Earnest Money Deposit shall be forfeited to Seller and Buyer's interest in the Premises shall be immediately terminated. The parties declare it to be their intent that the payment of the earnest money deposited by Buyer shall be Seller's sole and exclusive remedy as liquidated damages. SELLER AND BUYER AGREE THAT IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREF TENT. THE PAR'T'IES HEREBY AGREE THAT A REASONABLE ESTIMATE OF SUCH DAMAGES IS AN AMOUNT EQUAL TO THE EARNEST MONEY DEPOSITED BY BUYER WITH ESCROW HOLDER HEREUNDER, AND IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT, SELLER SHALL BE ENTITLED TO RECEIVE AND RETAIN AS FULLY AGREED LIQUIDATED DAMAGES THE ENTIRE EARNEST MONEY DEPOSIT HELD BY ESCROW HOLDER HEREUNDER, ALL OTHER REMEDIES HEREIN BEING EXPRESSLY WAIVED BY Page 5 of 16 Buyer Initials Seller Initials 6TOMMa In the event of a default by Seller, Buyer may, at its option, (i) terminate this Agreement upon written notice to Seller and direct Escrow Holder to refund to Buyer all earnest money deposited by Buyer hereunder, or (ii) pursue the remedy of specific performance. In the event of default by either of the parties in their performance of the terms or conditions of this Agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non - defaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. 17. In the event of a dispute between the parties as to the Earnest Money Deposit deposited hereunder by Buyer, the Escrow Agent holding the Earnest Money Deposit may file an interpleader action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller authorize the Escrow Agent holding the Earnest Money Deposit to utilize as much of the Earnest Money Deposit as may be necessary to advance the costs and fees required for filing of any such action. The cost of such action shall be paid by the Parry which is not the prevailing party. 18. TITLE CONVEYANCE. Title to the Premises is to be conveyed by warranty deed and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, and any other liens, encumbrances or defects approved by Buyer. In the event any personal property is included as part of the contemplated sale, it shall be conveyed by bill of sale and shall be free and clear of all liens, claims and encumbrances. 19. RISK OF LOSS. Seller shall keep the Premises insured against loss by fire and other casualty usually insured against in the market area of the Premises until the Closing. Should the Premises be materially damaged by fire or other cause prior to closing and such damage is ten percent (101/x) of the Purchase Price or less, then Seller shall pay or assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such damage exceeds ten percent (10%) of the Purchase Price, then this Agreement shall be voidable at the option of the Buyer by written notice to Seller within ten (10) days of the date Buyer receives notice of such damage, however, Buyer may elect to proceed with Closing without adjustment to the Purchase Price (either by written notice of such election or by failure to timely send written notice of the voiding of this Agreement as provided above) and Seller shall pay or assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing. 20. CONDEMNATION. Should any entity having the power of condemnation decide prior to Closing to acquire any portion of, or interest in, the Premises with a value of ten percent (101/0) or less of the Purchase Price, Seller shall pay or assign the proceeds of the taking to Buyer at Page 6 of 16 Buyer Initials seller lnilials Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such taking exceeds ten percent (10%) of the Purchase Price, Buyer at Buyer's sole option may either (a) elect to terminate Buyer's obligation to purchase the Premises by giving written notice to Seller at any time prior to Closing and Seller shall promptly return the Earnest Money Deposit or (b) elect to complete the purchase of Premises and require Seller to immediately appoint Buyer as its attorney-in-fact to negotiate with said condemning entity, and, in such event, Buyer shall receive all sums awarded in such condemnation proceeding of the Premises, excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agrees to immediately give notice to Buyer of any condemnation or contemplated condemnation of the Premises and Buyer hereby agrees to, within ten (10) days of such notice, give written notice to Seller of Buyer's election with respect thereto. 21. CONDITION OF PREMISES AT CLOSING. Buyer agrees to purchase the premises in as is (existing) condition, where is, with all faults. Buyer will assume those obligations with respect to the Premises as are expressly stated in Section 7. Buyer does not agree to assume any other obligations with respect to the Premises except for those obligations stated in Section 7. Seller shall maintain the premises until the closing in its present condition, ordinary wear and tear excepted, subject to the provisions of Sections 18 and 19 on casualty and condemnation. 22. INSPECTION. The buyer hereby acknowledges further that Buyer is not relying upon any statement or representations by the Broker or Broker's representatives or by the Seller which are not herein expressed. The Buyer has entered into this Agreement relying upon information and knowledge obtained or to be obtained from Buyer's own investigation or personal inspection of the premises". 23. ADDITIONAL PROVISIONS. Additional provisions of this Agreement, if any, are attached hereto identified as Exhbits A,B,C & D. 24. COMMISSION. A commission of three ( 3 %) of the selling price shall be paid to Colliers Paragon out of the first monies received by Seller at the time of Closing. 25. CONSENT TO LIMITED DUAL REPRESENTATION: The undersigned have received, real and understand the Agency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction will be or may be providing agency representation to both Purchaser(s) and the Seller(s). The undersigned each understand that as agents for both Purchaser and Seller, the brokerage(s) will be limited dual agents and negotiations, terms or factors motivating the Purchaser to buy or the Seller to sell without specific written permission of the disclosing party. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 54,2063, Idaho Code. The undersigned each understand that a limited dual agent does not have a duty of undivided loyalty to either client. 26. ESCROW INSTRUCTIONS. The Escrow Agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accordance with separate authorization signed by Buyer and Seller; prepare closing statements for execution by Buyer and Seller; receive documents, secure their execution and acknowledgement, record Page 7 of 16 Buyer Initials Seller Initials them in the proper sequence, deliver originals to the appropriate parties, and deliver copies of all documents signed by either party to that parry. If a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of such dispute, and may at its option bring an action in interpleader. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. 28. TIME, SEVERABILITY. Time is of the essence of this Agreement, and each parry hereto agrees to promptly perform such acts as are reasonably required in connection herewith. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby. 29. NOTICES. All notices required hereunder shall be given in writing and shall be deemed effective (a) upon delivery, if delivered in person, or by electronic transmission with receipt acknowledged by the recipient thereof; (b) one business day after deposited for overnight delivery with any reputable overnight courier service; or (c) two business days after deposited with the US Postal Service registered or certified mail and addressed to the parties at the addresses set forth below. 30. ENTIRE AGREEMENT - CONSTRUCTION. This Agreement constitutes the entire agreement between the parties, has been entered into in reliance solely on the contents hereof, and supersedes any previous agreements, written or oral, between the parties hereto. This Agreement shall not be modified except in writing signed by both parties. This Agreement shall be construed neutrally rather than strictly for or against either party. 31. BINDING EFFECT — SURVIVAL. This Agreement shall be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto and shall survive the closing of this transaction. 32. LEGAL REPRESENTATION. The parties expressly acknowledge they have been represented by counsel of their own choice in connection with this Agreement and have discussed the terms of this Agreement with such counsel to the extent each party believes it to have been necessary to fully understand the terms hereof. In entering into this Agreement, the parties represent and declare that each of them fully understands the terms and effect of this Agreement. SELLER'S APPROVAL REQUIRED: Seller acknowledges that this Agreement will be executed by the Seller before Buyer executes the Agreement and that the execution of the Agreement by the Buyer is contingent upon the approval of the terms and conditions of this Agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this Agreement on behalf of Buyer; the date upon which the Meridian City Council provides such authorization on the record at a regularly scheduled meeting of the Meridian City Council shall be considered the "Execution Date" of this Agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the last Page S of 16 Buyer Initials Seller rtials signature date below. BUYER: CITY OF MERIDIAN, AN IDAHO MUNICIPAL CORPORATION By: Print Name: Tammy eerd Its: Mayor Date: Page 9 of 16 SELLER: CRAIG L. GIBSON c By. ttyc Print Name: Date: Buyer initials Seller Initials signature date below. BUYER: CITY OF MERIDIAN, AN IDAHO MUNICIPAL CORPORATION By: Print Name: Tammy deVcerd Its: Date: Mayor q - a -I,-I SELLER: CRAIG L. GIBSON Print Name: Date: Page 9 of 16 Buyer Initials Seller nrtials 1 2. 3. 4. 5. 6. 7. 8. 9.. 10. DUE DILIGENCE MATERIALS ALTA Surveys if available. An itemized list of all personal property to be included in the sale - none. Copy of any warranties, maintenance, service, supply, management or other agreements presently in effect, or which may come into effect, of whatsoever nature affecting the Property. Copy of real estate tax bills and assessments for the last year and current year. Current commitment for title insurance from the Title Company, together with the copies of all documents referred to therein and all documents giving rise to exceptions to title. Copy of existing loan documents including notes, loan agreements, assignments, and deeds of trust. Soils, asbestos, hazardous waste, and Level 1 environmental assessment reports if available. Licenses, permits. Page 11 of 16 Buyer Initials SeSe er EXHIBIT A LEGAL DESCRIPTION OF PREMISES Exact acreage and parcel lines to be determined by a survey creating a new legal description(s), A PORTION OF: PARCEL NUMBER: LEGAL DESCRIPTION: ACRES: A PORTION OF: PARCEL NUMBER: LEGAL DESCRIPTION ACRES: S1131223010 PAR #3010 OF LOT 1 SEC 31 3N 1 E #223000-13 7.25± S1131212610 PAR 42610 OF NE4WF SEC 31 3N IE #212625-B 1.75± mW Fmily Itd— EXHIBIT B Page 10 of 16 Buyer Initials erinitials EXHIBIT C AGENCY DISCLOSURE A Consumer Guide to Understanding Agency Relationships in Real Estate Transactions Specific are owed by a real estate brokerage and its licensees to IdahoA consumersrs are e tlefinetl by the "Idaho Real Estate Brokerage Representation Act.- Idaho Code 54-2082, et seq. This Infonnadonal brochure Is published by the Idaho Real Estate Commission. Effective July 1, 2014 Right Now You Are a Customer All real estate consumers are "Customers' under Idaho law unless a representation agreement is signed. (A real estate licensee working with a customer is called a "Non -Agent".) The law requires all real estate licensees to provide the following "Customer level" services, to everyone: Remember! Unless you enter a written agreement for Agency Representation, you will NOT be represented at all. • Perform necessary and customary acts to assist you in the purchase or sale of real estate; • Perform these acts in good faith and with honesty and reasonable Care; • Properly account for money or other property you place in the licensee's Care; • Disclose "adverse material facts" to you which are, or should be, within the licensee's knowledge. These are facts that would significantly affect the desirability or value of the property to a reasonable person, and facts that indicate to a reasonable person that one of the parties cannot, or will not, complete obligations of the contract As a Customer, your brokerage will not act as your Agent and Is not required to promote your best Interests or keep your bargaining information confidential. if you use the services of a brokerage without a written agreement, you will remain a Customer. As a Customer, you may be asked to sign a Compensation Agreement, a contract that requires you to pay a fee to the broker for some service the brokerage provides you. If you enter into a Compensation Agreement, the brokerage and its agents must also: • Be available to receive and present written offers and counter-offers to you or from you. The Compensation Agreement Is not the same as an Agency Representation Agreement A Compensation Agreement cannot be used to change or eliminate any Customer level services. You May Become a Client If a brokerage offers agency representation and you choose to sign a representation agreement, you will become a "Client". The brokerage and its licensees must act as your "Agent". They will owe you the following duties in addition to the basic Customer level services required of all licensees: • Perform the terms of your agency agreement with skill and care; • Promote your best interests in good faith, honesty, and fair dealing; • Maintain the confidentiality of some client information, including bargaining information, even after the representation has ended. Please Note: "Sold" prices of property are not Each brokerage is required to have a written policy confidential information, foreither buyers orseilem, describing the types of agency representation it and may be disseminated by your Agent offers. If you have any questions about the Information in this brxhure, contact: Idaho Real Estate Commission (208) 3343285, TRS (88(l) 3]r-3529; irenidaho.00v Page 12 of 16 Buyer Initials Seller Initials Under "Agency Representation" (sometimes referred to Agency Representation (Single Agency) in real estate documents as "Single Agency"), your Agent may represent you, and only you, in your real estate transaction. (This representation can be modified in writing at a later date.) If you are a seller, your Agent will seek a buyer to purchase your property at a price and under terms and conditions acceptable to you and will assist with your negotiations. If you make a written request, your Agent will seek reasonable proof of a prospective purchaser's financial allilty to complete your transaction. If you are a buyer, your Agent will seek a property for you to purchase at an acceptable price and terms and will assist with your negotiations. Your Agent will also advise you to consult with appropriate professionals, such as inspectors, attorneys, and tax advisors. If disclosed in writing, a brokerage may represent other buyers who wish to make offers on the same property. Limited Dual Agency "Limited Dual Agency" means the brokerage and its agents represent both the buyer and the seller in the same transaction. You may choose Unnited Dual Agency representation with your brokerage because you do not want it to be restricted in the search for suitable properties or buyers. There are two options under Limited Dual Agency. Limited Dual Agency without Assigned Agents As a Limited Dual Agent, the brokerage and its licensees cannot advocate on behalf of one client over the other. The licensees cannot disclose confidential client information regarding negotiations, terms or factors that motivate the buyer to buy, or the seller to sell, or advocate the interests of one party over those of the other. The brokerage must otherwise promote the non -conflicting interests of both parties, perform the terms of the agency agreements with skill and care, and perform other duties required by law. Limited Dual Agency with Assigned Agents If your brokerage has obtained consent to represent both parties as a Limited Dual Agent, it may assign individual licensees ("Assigned Agents") to act solely on behalf of each party. Your Assigned Agent has a duty to promote your best interests, even if your interests conflict with those of the other party, including negotiating a price, and must maintain your confidential information. The Designated Broker of your brokerage must remain a Limited Dual Agent for both Clients- The broker will ensure the Assigned Agents fulfill their duties to their respective Clients. What to Look For in Any Written Agreement with a Brokerage Any Agency Representation or Compensation Agreement should answer these questions: • How will the brokerage get paid? • Can I mrkwith other brokerages during the time of my • When will this agreement expire? agreement? • What happens to this agreement when a • What happens if I buy or sell on my own? transaction is completed? • Under an Agency Representation Agreement, am I willing to • Can I cancel this agreement, and if so, how7 allow the brokerage to represent both the other party and me in my real estate transaction? When you sign a real estate Purchase & Sale Agreement, you will be asked to confirm the following: 1.) This brochure was given to you, and you have read and understand its contents_ 2.) The correct agency relationship, if any, between you and your brokerage. Real Estate Licensees Are Not Inspectors You should not expect the brokerage or its licensees to conduct an independent inspection of the property. You should not expect your agent to independently verify any statement or representation made by a buyer, seller, or professional associated with your transaction. If the condition of the property is Important to you, you should hire an appropriate professional, such as an engineer, surveyor, or home inspector. RECEIPT ACKNOWLEDGED R..orum< Yoursigne r beloe indicates areal estate licensee gave you a copy of the Idaho Real Estate Carnmissien's'Agency Disclosure BroahureJ Signing thl c rat oe not create an agency ralagonsll onlractual relatlons fang ��kittnd. Signature - Date ,_i —� Stmature Date Page 13 of 16 Buyer Initials Setter EXIIIBIT D Hazardous Substances. Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S. C. ' 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. ' 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. ' 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. ' ' 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. ' 6991 (or the corresponding provision of any future law). Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: (a) the Real Property is not contaminated with any hazardous substance, (b) the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, (c) the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, (d) the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, (e) no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, (f) there is no asbestos on the Real Property, (g) there is no underground storage tank on the Real Property, (h) by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, Page 14 of 16 Buyer Wtia] Se nitials (i) by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and (j) the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Phase I Environmental Audit. The obligations of the Buyer under this Agreement are, at Buyer's option, subject to the Buyer obtaining, at the Buyer's sole cost, a "Phase I" environmental audit and liability assessment indicating that the representations and warranties set forth herein are true and correct. The Phase I audit shall include, without limitation, the following elements: (a) recorded chain of title documents (going back 50 years) regarding the property, including all deeds, easements, leases, restrictions and covenants. (b) a review of historical and aerial photographs to uncover prior problems or uses that may now be concealed. (c) a review of federal, state, and local records which report incidents or activities which are likely to cause or contribute to a release or threatened release of hazardous substances, including landfill and other disposal records, underground storage tank records, hazardous waste handler and generator records, and spill reporting records. (d) interviews with past and present owners, employees, and neighbors. (e) a visual site inspection of the Real Property and all facilities and improvements on the Real Property and a visual inspection of immediately adjacent properties from the Real Property to check for the presence of hazardous substances, underground storage tanks, PCBs' and asbestos, including an investigation of any chemical use, storage, treatment and disposal practices on the Real Property and adjacent property. Phase H Environmental Audit. If the Phase I environmental audit indicates the presence of an adverse environmental condition of the nature discussed in Seller's representations and warranties set forth herein, then the Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to either (i) terminate the Buyer's obligations to close the transactions contemplated by this Agreement, or (ii) conduct additional audits ("Phase II") on the Real Property at the sole cost of the Buyer, and extend the date for Closing for a period of time reasonably necessary to complete and analyze the Phase II audit. If the Phase II environmental audit indicates the presence of an adverse environmental condition of the nature discussed in Seller's representations and warranties set forth herein, then the Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to terminate the Buyer's obligations to close the transactions contemplated by this Agreement. Page 15 16 J wv of Buyerinitials Seller Initials Cooperation with Environmental Audit. The Seller shall cooperate fully with the environmental audits referred to in this Agreement. Page 16 of 16 Buyerinitials SeSe erin To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Mark Niemeyer Date: 8-28-2014 Re: September 2, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 2nd City Council Consent Agenda for Council's consideration. Approval of purchase of desktops and laptops for FY2015 from Hewlett Packard for the Not -To -Exceed amount of $111,086.22, Recommended Council Action: Approval of purchase of Desktop and Laptops from Hewlett Packard for the Not -To -Exceed amount of $111,086.22, and authorize the Purchase Manager to sign the Purchase Order #14-0383. This purchase is being made from the Western States Contracting Alliance/National Association of State Procurement Officials (WSCA/NASPO) contract (a cooperative contract) that has been competitively solicited by the State of Idaho. Thank you for your consideration. Page 1 0267101RI119101 il, Ik1 M Resolution No. j q " [ Q0 : A Resolution (VAC 14-005 Wyndstone Place Subdivision) Vacating the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-071991 BOISE IDAHO Pgs=3 BONNIE 09/04/2014 01:13 PM MERIDIAN CITY NO FEE II' II I I II I'I'I II I'I I III I I II I"I I I I I I II (II II II I'll 00017856201400718910030031 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE TWO2 () 5 -FOOT WIDE PUBLIC UTILITY, DRAINAGE, AND IRRIGATIONPUDI ( ) EASEMENTS THE SHARED LOT LINE BETWEEN LOTS 1 AND 29 BLOCK 1 OF WYNDSTONE PLACE SUBDIVISION LOCATED NORTH OF INTERSTATE 84 AND S. WELLS IN THE SOUTHEAST 1/ OF SECTION 179 TOWNSHIP 3 NORTH RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO' AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 26, 2014 the City Council of Meridian held a hearing on the vacation of the two (2) 5 -foot wide public utility, draina e, and irri ationg g (PUDI) e asements on the shared lot line between Lots 1 and 2, Block 1 of W ndstone Place Subdivision y located north of Interstate 84 and west of S. Wells Street in the southeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho> and WHEREAS, after such hearing, the City Council, by formal motion did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the two (2) 5 -foot wide public utility, drainage, and irrigation Y g � g n (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision located north of Interstate 84 and west of S. Wells Street in the southeast 1/4 of Section 17, Township3 North, ,Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, are herebyvacated. . A copy of the necessary relinquishment is attached as Exhibit "A". VACATION — WYNDSTONE PLACE — VAC -14-005 PAGE 1 OF 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF � MERIDIAN, IDAHO, this day of 92014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _ ��-�'.�---fid 2014. s r a or T�vffiy de Weerd .y b ATTEST:. L. P olman, City Clerk r Jaycee I.�. STATE OF IDAHO, ) ss County of Ada ) On this n day of 7�e'DAfn�,,.K 2014 befor� e me, the undersigned, a Notary Public in and for said State,ersonall appeared TAMMY p Y pp Y de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and Cit Clerk Y y respectively,, of the City of Meridian, Idaho, and who executed the within instrument and acknowledged ged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official Y y seal the da and year first above written. y (SEAL) ��* ��.A ���j•+N ' ARY 4 PUBLI FOR IDH`*0J A ,�' RESIDING AT: ►. r MY COMMISSION EXPIRES:00'n e � j f � VACATION - WYNDSTONE PLACE - VAC -14-005 PAGE 2 OF 2 EXHIBIT A r* ew SOOK . k . PACk U411 Wyndstone Place — VAC -14-005 MAY $�, �s--ONE P SOMsON . tOCAT : */4 OF SECS S I x TOW "T"` ADA COQ OA#40'*'T 2006 E s R y� Ik r* ew SOOK . k . PACk U411 Wyndstone Place — VAC -14-005 September 2, 2014 I 5U ITEM TITLE: Consent Agenda Amended onto Agenda - Approval of Award of Bid and Agreement for WWTP Maintenance Facility - Construction Bid Package 1, Demolition, to Barrett Site & Aunderground LLC for a Not to Exceed amount of $15,000 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : David Allison, Jacy Jones Date: 9/2/14 Re: January 14 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the September 2nd City Council Consent Agenda. Approval of Award of Bid and Agreement for "WWTP Maintenance Facility - Construction", Bid Package 1, Demolition, to Barrett Site & Underground, LLC for a Not -To -Exceed amount of $15,000.00. This award is the result of the Formal IFB issued by Beniton Construction and opened August 5t'. Four bids were received for this bid package. Recommended Council Action: Approval of Award of Bid and the Agreement to Barrett Site & Underground, LLC for the Not -To -Exceed amount of $15,000.00. Thank you for your consideration. Page 1 Keith Watts From: Ted Baird Sent: Tuesday, September 02, 2014 11:52 AM To: David Allison Cc: Bill Nary; Keith Watts; Kathy Wanner Subject: Demolition Contract Bill suggested that you work with Keith to have it added as a late item to the agenda tonight. 9 J v LL W U Z Q Z W Z Q r IL g N } Q �gy W J W I 2 w N LL F LU YO ® P im m U m 0 6 z IM # O C a ° M = c C y j W � C G O ` 4 W J iC o LL O = v o LL O L N }} rn :0 Cl) (O c0 CO M a d d O fA M M M Vi fR fR A 3 � e d= � LL O G) o :m o o (i n N 'O o> M O c) O o O N : M m N J ':'f9 H E9 E9 E9 fR ::f9 fA ,',' N N O 'O O M 'A 'O a0 •d' N :O O O M 0 N M 'O O 'O O W (D W O W fD r O (A M N W N o) W 'V. : M N M O N i� N f0 O M N M O O 0 (D N O O O N N r r :r SD M OJ N m )D (O W M M W m O d' 'I! N M (D ' N N (D N N (D N 'd (O (D CO N M N M M V' W : M O N M W N N N N N :N N N M N M N M W N N m fA fA b4 (»'. fA FA 69 EA :64 69 fA (» fA fA '.'. dd M• M- M EA » M Vi FA fA ER .'.' :Vi 69 fA Ln a R1 m X x X X X X X X X X :. 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Consultation with an attorney is encouraged with respect ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has (Name, legal status, address and other information) added information needed for its Meridian, ID 83642 completion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the Beniton Construction Co., Inc, standard form text is available from and the Contractor: the author and should be reviewed. A (Maine, legal status, address and other information) vertical line in the left margin of this document indicates where the author Barrett Site & Underground, LLC has added necessary information 16575 W. Linden Street and where the author has added to or Caldwell, M 83607 deleted from the original AIA text. for the following Project: This document has important legal (Name, location and detailed description) consequences. Consultation with an attorney is encouraged with respect to its completion or modification. City of Meridian Waste Water Treatment Plant Maintenance Shop n 3401 N. Ten Mile Road This document intended to be used Meridian, ID 83642 in conjunction with AIA Documents A232TM-2009, General Conditions of The Construction Manager: the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition; B132TM-2009, Standard Beniton Construction Co., Inc, Form of Agreement Between Owner P.O. Box 838 and Architect, Construction Manager Meridian, ID 83680 as Adviser Edition; and C132T11-2009, Standard Form of Agreement Between Owner and The Architect: Construction Manager as Adviser. (Name, legal status, address and other information) AIA Document A232TM-2009 is CTA, Inc. adopted in this document by 800 West Main Street, Suite 800 reference. Do not use with other Boise, ID 83702 general conditions unless this document is modified. The Owner and Contractor agree as follows. Inst. AIA Document A132TM — 2009 formerly A101 T'^CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright. Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document; or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under / the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. — User Notes: (1699903815) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #01: Building Demolition — Provide all labor, materials, tools and equipment necessary to complete the Building Demolition in accordance with Project Plans, Specifications, Addendum No. 1, and the Bid Form for BP #01. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan); some exceptions may apply. Samples and color charts must be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (1) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it dimers from the date of this Agreement or, if applicable, state that the date hill be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A AIA Document All 32TM — 2009 `formerly A101 T'"CMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Inst. reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AlA° Document, car any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229_1 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number- of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Wor•k.) I Per Exhibit "C" Portion of the Work Substantial Completion Date BP #01: Building Demolition September 26, 2014 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Per Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either- Section 5.1.4 5.1.5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Fifteen Thousand and No/100 Dollars ($ 15,000.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal docurrrents permit the a;,ner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) N/A § 4.2.3 Unit prices, if any: (Idents and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item N/A Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (Identify allowance and state exclusions, if any, fi•orn the alloit,ance price.) Init. AIA Document A132TIl — 2009 formerly A101 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties,, and will be prosecuted to the maximum extent possible under 3 t the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. — UserNotes: (1699903815) Item N/A Allowance § 4.3 Cost of the Work Plus Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraph deleted) (Table deleted) (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § 5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local lmvs may require pa)r»ent within a certain period of time.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in AIA Document A132Tm — 2009 formerly A101 T11CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIADocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA" Document, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: 1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. § 5.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 5.1.4) (Paragraphs deleted) § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days ager the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) AIA Document A132TM — 2009 formerly A101 TMCMa —1992). Copyright © 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights [nit. reserved. WARNING: This AIA' Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law, This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A232-2009 [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest fi•om the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing fi•om time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) (Paragraph deleted) § 8.3 The Owner's representative: (Name, address and other information) Beniton Construction Co., Inc. Bryce Parker P.O. Box 838 Meridian, ID 83680 § 8.4 The Contractor's representative: (Name, address and other if formation) Barrett Site & Underground, LLC Tom Barrett 16575 W. Linden Street Caldwell, ID 83607 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: N/A AIA Document A132TIl — 2009 formerly A101 TIICMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, per attached Exhibit "A". (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here or• refer to an exhibit attached to this Agreentent.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Date Pages Per Exhibit "A" Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: .1 (Paragraphs deleted) Other documents, if any, listed below: (List here any additional documents which are intended to form part of the Contract Documents. AL4 Doctunent A232-2009 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents,) * Exhibit "I" and Sample Certificate —Insurance Requirements * Request for Contract Information * WH -5 Form * Affidavit Concerning Taxes * Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A232-2009. (State bonding requirements, if any, and limits of liability for insiu-ance required in Article 11 of AIA Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount Insurance per attached Exhibit "I" Payment & Performance Bonds 100% of the Contract Amount (see Supplementary Instructions to Bidders for delivery requirement) AIA Document A132M — 2009 `rformerly A101 T"'CMa —1992). Copyright© 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved, WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. unauthorized reproduction or distribution of this AEA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.5637907229 1 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) This Agreement is entered into as of the day and year first written above`-.— Al Al —v1�1 OWNER CONTRACTOR (Signature) la 0101-4 V 1-4-4-4'�2- (Printed flame and title)' (Pl'inted name and title) AIA Document A132Tm — 2009 �formerly A101 TICMa — 1992). Copyright @ 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA" Document is protected by US. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:18:20 on 08/26/2014 under Order No.56379072291 which expires on 01/06/2015, and is not for resale. User Notes: (1699903815) Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility Invitationto Bid.............................................................................................................1-1 Noticeto Bidders..........................................................................................................1-4 AIA A701 Instructions to Bidders - Supplemental Instructions to Bidders...........................................................................1-4 012900 Bid Form Table of Contents..........................................................................................1-1 BidForms...................................................................................................................1-40 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 ProjectSchedule..........................................................................................................1-3 013300 AIA A132 Standard Form of Agreement Between Owner and Contractor .....................1-8 Supplement to Agreement............................................................................................1-2 REFERENCES....................................................................................................1-4 AIA A232 General Conditions of the Contract.............................................................1-43 014500 SupplementaryConditions...........................................................................................1-5 Exhibit I — Insurance Requirements.............................................................................1-1 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 Contractor's Affidavit Concerning Taxes.......................................................................1-1 016000 Public Works Contract Tax Report (WH -5) .......... ......................................................... 1-2 = •► DIVISION 01 — GENERAL REQUIREMENTS 011000 SUMMARY OF WORK........................................................................................1-2 012300 ALTERNATES.....................................................................................................1-1 012900 PRICE AND PAYMENT PROCEDURES.............................................................1-4 013100 PROJECT MANAGEMENT AND COORDINATION.............................................1-4 013300 SUBMITTAL PROCEDURES..............................................................................1-2 014200 REFERENCES....................................................................................................1-4 014500 QUALITY CONTROL...........................................................................................1-4 015000 TEMPORARY FACILITIES AND CONTROLS.....................................................1-9 016000 PRODUCT REQUIREMENTS.............................................................................1-2 FORM SUBSTITUTION REQUEST FORM.....................................................................1-1 017300 EXECUTION........................................................................................................1-6 017320 CUTTING AND PATCHING ............................... .................................................. 1-3 017700 CLOSEOUT PROCEDURES...............................................................................1-6 DIVISION 02 — EXISTING CONDITIONS 024116 STRUCTURE DEMOLITION...............................................................................1-5 DIVISION 03 — CONCRETE 033000 CAST -IN-PLACE CONCRETE...........................................................................1-12 033543 POLISHED CONCRETE FINISHING...................................................................1-2 DIVISION 04 — MASONRY 042200 CONCRETE UNIT MASONRY..........................................................................1-13 TABLE OF CONTENTS 1 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility 051200 STRUCTURAL STEEL FRAMING.......................................................................1-6 052100 STEEL JOIST FRAMING.....................................................................................1-4 053100 STEEL DECKING................................................................................................1-5 054000 COLD -FORMED METAL FRAMING....................................................................1-8 055000 METAL FABRICATIONS.....................................................................................1-6 055119 METAL GRATING STAIRS..................................................................................1-4 055213 PIPE AND TUBE RAILINGS................................................................................1-5 DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY.........................................................1-2 DIVISION 07 — THERMAL AND MOISTURE PROTECTION 071113 BITUMINOUS DAMPROOFING..........................................................................1-3 072100 THERMAL INSULATION.....................................................................................1-4 074113.16 STANDING -SEAM METAL ROOF PANELS........................................................1-7 074213.53 METAL SOFFIT PANELS....................................................................................1-5 077253 SNOW GUARDS.................................................................................................1-2 079200 JOINT SEALANTS...............................................................................................1-7 QU/6*1[a]0 • 94► ► . 081113 HOLLOW METAL DOORS AND FRAMES..........................................................1-7 083113 ACCESS DOORS AND FRAMES........................................................................1-3 083323 OVERHEAD COILING DOORS...........................................................................1-6 086200 UNIT SKYLIGHTS...............................................................................................1-3 087111 DOOR HARDWARE (DESCRIPTIVE SPECIFICATION)..................................1-12 088000 GLAZING.............................................................................................................1-7 DIVISION 09 — FINISHES 092216 NON-STRUCTURAL METAL FRAMING.............................................................1-5 092900 GYPSUM BOARD...............................................................................................1-3 093013 SF CERAMIC TILING.................................................................................- 17 095123 ACOUSTICAL TILE CEILINGS............................................................................1-3 096513 RESILIENT BASE AND ACCESSORIES.............................................................1-3 099113 EXTERIOR PAINTING........................................................................................1-3 099123 INTERIOR PAINTING..........................................................................................1-4 DIVISION 10 — SPECIALTIES 102600 WALL AND DOOR PROTECTION......................................................................1-2 102800 TOILET, BATH, AND LAUNDRY ACCESSORIES...............................................1-3 104416 FIRE EXTINGUISHERS......................................................................................1-3 105113 METAL LOCKERS...............................................................................................1-5 DIVISION 11 — EQUIPMENT NOT USED DIVISION 12 — FURNISHINGS 122113 HORIZONTAL LOUVER BLINDS........................................................................1-3 123623.13 PLASTIC -LAMINATE -CLAD COUNTERTOPS....................................................1-4 TABLE OF CONTENTS 2 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility DIVISION 13 — SPECIAL CONSTRUCTION NOT USED DIVISION 14 — CONVEYING EQUIPMENT NOT USED DIVISION 15 — 21 (NOT USED) DIVISION 22 — PLUMBING COMMON WORK RESULTS FOR PLUMBING AND HVAC.............................1-11 221113 FACILITY WATER DISTRIBUTION PIPING........................................................1-7 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 221116 DOMESTIC WATER PIPING...............................................................................1-7 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 221119 DOMESTIC WATER PIPING SPECIALTIES.......................................................1-8 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 221123 DOMESTIC WATER PUMPS..............................................................................1-4 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 221313 FACILITY SANITARY SEWERS..........................................................................1-5 HVAC INSULATION..................................................... ....................................... 221316 SANITARY WASTE AND VENT PIPING...........................................................1-16 FACILITY NATURAL-GAS PIPING....................................................................1-17 221319 SANITARY WASTE PIPING SPECIALTIES........................................................1-8 METAL DUCTS1-13 221513 GENERAL -SERVICE COMPRESSED -AIR PIPING...........................................1-10 AIR DUCT ACCESSORIES...............................................................................1-10 221519 GENERAL -SERVICE PACKAGED AIR COMPRESSORS AND RECEIVERS ..... 1-9 223400 FUEL -FIRED DOMESTIC WATER HEATERS....................................................1-7 DIFFUSERS, REGISTERS, AND GRILLES........................................................1-3 224000 PLUMBING FIXTURES.....................................................................................1-11 COMMERCIAL -KITCHEN HOODS......................................................................1-5 224500 EMERGENCY PLUMBING FIXTURES................................................................1-5 PARTICULATE AIR FILTRATION.......................................................................1-2 224700 DRINKING FOUNTAINS AND WATER COOLERS............................................1-5 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 91 kyj• 230500 COMMON WORK RESULTS FOR PLUMBING AND HVAC.............................1-11 230523 GENERAL -DUTY VALVES FOR PLUMBING AND HVAC PIPING......................1-5 230549 SEISMIC CONTROLS FOR PLUMBING AND HVAC..........................................1-6 230553 IDENTIFICATION FOR PLUMBING AND HVAC PIPING AND EQUIPMENT ...... 1-4 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC.....................................1-5 230700 HVAC INSULATION..................................................... ....................................... 1-9 231123 FACILITY NATURAL-GAS PIPING....................................................................1-17 233113 METAL DUCTS1-13 233300 AIR DUCT ACCESSORIES...............................................................................1-10 233423 HVAC POWER VENTILATORS...........................................................................1-6 233713 DIFFUSERS, REGISTERS, AND GRILLES........................................................1-3 233813 COMMERCIAL -KITCHEN HOODS......................................................................1-5 234100 PARTICULATE AIR FILTRATION.......................................................................1-2 235100 BREECHINGS, CHIMNEYS, AND STACKS........................................................1-3 235400 FURNACES.........................................................................................................1-6 235533 FUEL -FIRED UNIT HEATERS.............................................................................1-4 236200 PACKAGED COMPRESSOR AND CONDENSER UNITS...................................1-4 237423 PACKAGED, INDIRECT -FIRED, INDOOR, HEATING -ONLY MAKEUP -AIR UNITS................................................................................................................. 1-9 TABLE OF CONTENTS 3 Meridian Wastewater Treatment Plant (MWWTP) 5/14 Maintenance Facility • • _ DIVISION 25 — (NOT USED) DIVISION 26 — ELECTRICAL 260500 COMMON WORK RESULTS FOR ELECTRICAL...............................................1-5 260519 LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ............ 1-3 260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS ...........................1-4 260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS.............................1-4 260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS...............................1-10 260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS...............................................1-6 260573 OVERCURRENT PROTECTIVE DEVICE COORDINATION AND ARC FLASH STUDY................................................................................................................1-7 262200 LOW -VOLTAGE TRANSFORMERS....................................................................1-4 262416 PANELBOARDS..................................................................................................1-6 262726 WIRING DEVICES...............................................................................................1-5 262813 FUSES................................................................................................................1-3 262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS.........................................1-5 262913 ENCLOSED CONTROLLERS.............................................................................1-5 265100 INTERIOR LIGHTING..........................................................................................1-8 DIVISION 27 — COMMUNICATIONS 270500 COMMON WORK RESULTS FOR COMMUNICATIONS....................................1-4 271100 COMMUNICATIONS EQUIPMENT ROOM FITTINGS........................................1-5 271300 COMMUNICATIONS BACKBONE CABLING......................................................1-8 271500 COMMUNICATIONS HORIZONTAL CABLING.................................................1-10 DIVISION 28 — ELECTRONIC SAFETY AND SECURITY 280500 COMMON WORK RESULTS FOR ELECTRONIC SAFETY AND SECURITY ....1-4 283100 FIRE DETECTION AND ALARM.......................................................................1-11 DIVISION 29 — 30 (NOT USED) 311000 SITE CLEARING.................................................................................................1-4 312000 EARTH MOVING.................................................................................................1-8 312319 DEWATERING....................................................................................................1-2 321216 ASPHALT PAVING..............................................................................................1-5 321313 CONCRETE PAVING..........................................................................................1-5 DIVISION 33 — UTILITIES 334100 STORM UTILITY DRAINAGE PIPING.................................................................1-6 ADDENDUM NO. 1, dated 7/31/14........................................................................................... 1-17 TABLE OF CONTENTS 4 WWTP Maintenance Facility 3401 - Meridian,8364'*' SHEET # A100 CONSTRUCTION DRAWINGS DESCRIPTION A100 - Wall and Horizontal Assembly Details DATED 07/18/2014 A101 A101 - Floor Plan 07/18/2014 A102 A102 - Mezzanine Floor Plan 07/18/2014 A110 A110 - Roof Plan 07/18/2014 A111 A111 - Roof Details 07/18/2014 A201 A201 - Exterior Elevations 07/18/2014 A301 A301 - Building Sections 07/18/2014 A401 A401 - Stair Plans and Details 07/18/2014 A501 A501 - Finish Plan 07/18/2014 A601 A601 - Door and Window Schedules and Details 07/18/2014 A901 A901 - Reflected Ceiling Plan 07/18/2014 C1-101 C1-101 Site Demolition Plan 07/18/2014 C3-101 C3-101 Site Plan 07/18/2014 C7-101 C7-101 Site Plan 07/18/2014 E001 E001 - Legends & Schedules 07/18/2014 E002 E002 - One -Line Diagram 07/18/2014 E003 E003 - Panel Schedules 07/18/2014 E100 E100 - Electrical Site Plan 07/18/2014 E201 E201 - First Floor Lighting Plan 07/18/2014 E202 E202 - Mezzanine Lighting Plan 07/18/2014 E203 E203 :_LiAhfing Compliance Forms 07/18/2014 E301 E301 - First Floor Power Plan 07/18/2014 E302 E302 - Mezzanine Power Plan 07/18/2014 E401 E401- Special Systems Plan 07/18/2014 G101 G101 -Architectural Cover Sheet 07/18/2014 G102 G 102 - Code Plan 07/18/2014 G103 G103 - Mezzanine Code Plan 07/18/2014 M001 M001 - Mechanical Schedules & Legends 07/18/2014 M100 M100 - First Floor HVAC Plan 7/18/2014 M101 M101 - Mezzanine HVAC Plan 7/18/2014 M200 M200 - Enlarged Plans and Sections 7/18/2014 M300 M300 - HVAC Details 7/18/2014 M400 M400 - Energy Compliance 7/18/2014 P001 P001 - Plumbing Schedules and Legends 7/18/2014 P100 P100 - Plumbing Waste & Vent Plans 7/18/2014 P200 P200 - Plumbing Water & Gas Plan 7/18/2014 P300 P300 - Plumbing Details 7/18/2014 S001 S001 - General Structural Notes 7/18/2014 S101 S101 - Foundation Plan 7/18/2014 S102 S102 - Mezzanine Framing Plan 7/18/2014 S103 S103 - Roof Framing Plan 7/18/2014 S201 S201 - Foundations Details 7/18/2014 S202 S202 - Wall Framing & Mezzanine Details 7/18/2014 S203 S203 - Roof Framing Details 7/18/2014 S301 IS301 - Building Sections 7/18/2014 gC o a -__. — — .--- - - Z ----- -------------- - - - ----- U-� °----------------------------- -U--E •U L6 N a O LIJ a) C@- a h m:J ` @ CL (? c a a Lo o m- _ �Q( m Q ---`'- i- 7 ---- 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O LL = O O C@ . ,� fLC /_1 X o ! F ' w o ; ,6 U- CL � a N M h 0 O LL N N N o N r0 • O N N co co co N NN NLo 'N N'N IN M M O O M M L0 U0 m CL a� H o6 C 0 N �0 C LIN c E @ a CL •� Jul U O C 0 O O N N O C N ' 3 O N c C InC _ LL 3 O M N 0 w, N rn (6 d ;m C C O 2 ,N E °01 ', E c LLJ w @ o U d N06 N N "a — a =LL I C N C V -N N f`1 - @ N �c c O m S p C 0 � C :n L > ❑ LL J `O •F a N LLrn N N a ,_ O) ` rn LL E ❑t6ry F `o b_ m •5 .6 a SjL c�V 3 :p 00 UU O Oc (� W N N'� > @ E ? N t5— N @ N O` % > — C a U a, m w w x v> ❑ x '� O U , Q iL o'o vo o 0 0 L o c0 O 0 L o O O=292 o OO �0 l0 c0 N N 0 N m N V7 r0 ,t0 M LN N N U CL CL CL _ 0. CL a� H o6 C 0 N �0 C LIN c E @ a CL •� Jul U O C 0 O O N N O C N ' 3 O N c C InC _ LL 3 O M N 0 w, N rn (6 d IREQUIREMENTS NSURANCE FOR O- BENITON CONSTRUCTION COMPANY & CITY OF Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Equivalent) ® $2,000,000 General Aggregate ® $2,000,000 Products/Completed Operations Aggregate ® $1,000,000 Each Occurrence ® $1,000,000 Personal Injury and Advertising Injury ® $ 100,000 Fire Damage Liability ® $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liabilitv ® $1,000,000 Each Occurrence Worker's Compensation and Employers Liability Insurance ® Statutory Limits ® Employers Liability o $1,000,000 Each Accident o $1,000,000 Policy Limits o $1,000,000 Each Employee Excess Liability ® $1,000,000 For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Project Completion ® $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR ® $1,000,000 project coverage Certificate of Insurance must be project specific. Please provide written documentation in regards to your insurance contract(s) cancellation terms. Insurance is to be Primary & Non -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. �'' CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER r. Nrnnr Producer's name and address INSURED Subcontractor name and address COVERAC;FINSURER F S t+Corrt'rna r.- s -- _ KtVI3,]QN NUMBER: . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR,THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS_ SHOWN MAY HAVE BEEN REDUCED BY'FAID CLAIMS. - ^-- LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF ROLICY E%P MM/OD/YVYY MMrpDNM LIMITS GENERAL LIABILITY J_'ADDL$UBR EACHQCCURRENCE $ 1 800,000 X COMMERCIAL GENERAL LIABILITY DAh1A aEiLS RENTeb y --- - -'--- ����---X--- ����---x------ PREMISES_ Ea occurrence $ 1 0 00Q CLAIMS -MADE �X� OCCUR. I_= . 1. Q ,— - ----_. MEDEXP {Any ono person) S 10 000 __00 Current policy # 09/01/2011 09/01/2012 PERSONAL & ADV INJURY S 1 OOO,OOO GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,.QOq _ PRO- -.__..._. POLICY X LOC $ AUTOMOBILE LIABILITY �: '`� 1 SI G L X ANY AUTO Ea accident S 1 000 000 BODILY INJURY (Per person) S ALL OWNED - SCHEDULED AUTOS AUTOS Current pftilCy # D9/01/2011 09/01/2012 BODILY INJURY (Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE — S Per accident) t S X UMBRELLA UAB X OCCUR $ 1,000,001) EXCESS UAB CLAIMS -MADE Current policy. 09/01/2011 09/01/2012 EACH OCCURRENCE _ AGGREGATE S 1,000,000 DED RETENTION$ I WORKERS COMPENSATION S AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE STA7U- OTH- X WC W C MIT E.L, EACH ACCIDENT _____. 5 1,Q00,000 OFFICFAIEMBER EXCLUDED? NIA> Current policy# 09/01/2011 09/01/2012 (Mandatory in NH) _ E.L. DISEASE -nEA EMPLOYE - If yes, doscrioe under " $ 1,000,000 _ E.L. DISEASE -POLICY LIMIT $ 1,000,000 f r DESCRIPTION OF OPERATIONS' ILDdA*IONS I VEHICL-ESf ',, ach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: City of Meridian Waste Water Treatment Plant Maintenance Shop. City of Meridian and Beniton Construction are listed as Additional Insured per the Commercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10101 and CG2037 10/01 (or equivalent). Waiver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC). CFRTIPIr ATK Wr)l nK® Beniton Construction Company, Inc. P.O. Box 838 Meridian, ID 83680 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Original Signature v "00-4v IV rwvmu L VKrvKA I FUN. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SeotemberZ 2014 ITEM NUMBER: 7A Public Hearing: Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. and authorizing the City of Meridian Utility Billing Department to Collect such Rates Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICEOF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold apublic hearing at 6:00 p.m. on Tuesday, September 2, 2014 at Meridian City Hall, 33 East Broadway Avenure, Meridian, Idaho, regarding the adoption of the Solid Waste Collection Rates Fee Schedule as set forth below. Further information regarding the proposed fee schedule is on file in the Clty Clerk's Office at Meridian City Hall, 33 East Broadway Ave., Meridian, Idaho and is available for inspection during g business hours. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submitt terrriroty. Oral testimony may be limited to three(3) minutes per person. Written materials should be submitted to the City Chlerk no later than 7 days prior to the above hearing date. All testimony and materials presented a public meetings shall become property of the City of Meridian. For auditory, visual, or language accomodations, please contact the City Clerk's Office at 208-888-4433 at least 48 hours prior to theublic meeting. p g Proposed Fee Schedule Ninety Percent of Change in CPI Idaho Sales Tax Row # RESIDENTIAL TRASH & RECYCLING 2.05% 6.00% 1 Residential 95 gallon service (includes 1 recycling cart) 2 Residential 65 gallon service (includes 1 recycling cart) 3 Residential 35 gallon service (includes 1 recycling cart) 4 Residential Extra Carts (per cart per month) CURRENT PROPOSED increase % of increase 5 Residential -t- - Cart Pickup/ Upsize Exchange fee (per event) $12.74 $13.00 $0.26 2.04% Residential - - - Cart Deliver free $0.00 - ---- Y (free) $0.00 $0.00 --- ---- --- --- Residential Carry - Carry Out Service _ - $30.00 $30.62 $0.62 2.07% 8 COMMERCIAL PERMANENT TRASH _ - - - - -� Commercial Carts 11 95 gallon cart (1 x per week) $27.85 $28.32 $0.47 1.69% 10 Commercial Carts 1, 95 gallon cart (2 x per week) j $52.66$53.54 $0.88 1.67% 11 Commercial Carts 1, 95 gallon cart (3 x per week) $77.45 $78.74 - - -- �-- ------ $1.29 1.67% 13 Commercial Carts 2, 95 gallon cart (1 x per week) ! $55.72 1 $56.64 $0.92 1.65% 14 ------ Commercial Carts 2, 95 gallon cart (2 x per week) $105.23 $107.06 $1,83 1.74% _ -- - 15 Commercial Carts ---_ 21 95 gallon cart (3 x per week) $154.89 $157.48 $2.59 --- 1.67% 16 7 ommercial Carts 3, 95 gallon cart (1 x per week) $83.56 $84.96 $1.40 1.68% - - - - - 18 ommercial Carts 3, 95 gallon cart (2 x per week) $157.96 $160.62$2,66 --- 1.68%-- - --- - - 19 Commercial Carts 3, 95 gallon cart (3 x per week) $232.33 $236.22 $3.89 1.67% - - - --- -- 0 21 Commercial Container - Container Delivery Svc (2,3,6,8 yd options) $21.82 $22.27 $0.45 2.06% $17.25 $0.25 1.47% - -- -- i $0.25 1.67% 1.92% $15.00 $15.25 $13.00 $13.25$0.25 $2.13 $2.17 i $0 04 1 88% 5 Residential -t- - Cart Pickup/ Upsize Exchange fee (per event) $12.74 $13.00 $0.26 2.04% Residential - - - Cart Deliver free $0.00 - ---- Y (free) $0.00 $0.00 --- ---- --- --- Residential Carry - Carry Out Service _ - $30.00 $30.62 $0.62 2.07% 8 COMMERCIAL PERMANENT TRASH _ - - - - -� Commercial Carts 11 95 gallon cart (1 x per week) $27.85 $28.32 $0.47 1.69% 10 Commercial Carts 1, 95 gallon cart (2 x per week) j $52.66$53.54 $0.88 1.67% 11 Commercial Carts 1, 95 gallon cart (3 x per week) $77.45 $78.74 - - -- �-- ------ $1.29 1.67% 13 Commercial Carts 2, 95 gallon cart (1 x per week) ! $55.72 1 $56.64 $0.92 1.65% 14 ------ Commercial Carts 2, 95 gallon cart (2 x per week) $105.23 $107.06 $1,83 1.74% _ -- - 15 Commercial Carts ---_ 21 95 gallon cart (3 x per week) $154.89 $157.48 $2.59 --- 1.67% 16 7 ommercial Carts 3, 95 gallon cart (1 x per week) $83.56 $84.96 $1.40 1.68% - - - - - 18 ommercial Carts 3, 95 gallon cart (2 x per week) $157.96 $160.62$2,66 --- 1.68%-- - --- - - 19 Commercial Carts 3, 95 gallon cart (3 x per week) $232.33 $236.22 $3.89 1.67% - - - --- -- 0 21 Commercial Container - Container Delivery Svc (2,3,6,8 yd options) $21.82 $22.27 $0.45 2.06% 22 23 2 25 26 27 28 29 30 31 32 33 34 CURRENT PROPOSED increase % of increase Commercial Container Commercial 4 Commercial Y (Extra Dump)2-2-.27-- ------- - - -- -- --- $22.69- $22.69 $0.42 $327.44 Container$22.27 3 yd (Extra Dump) - I $30.42 _ $30.971.81 - 1.43 0 1.89/ - -- Commercial Container Commercial Container - 6 yd (Extra Dump) ---- f ------ ---------- $44.12 - -------_--__- _ _ ------ -- -------- $44.87 ;$0.55 $0.75 0 1.70% - 1.83 8 yd (Extra Dump) -- $56.75 - -- - - $57.71 $0.96 $92.65 -- � �$I.70 1.6 9 ---- -- 1.87% Commercial Containers 2 yd (1 x per week) ----------- $90.95 - � Commercial Containers Commercial Containers 2 yd (2x per week) - -- 2 (3x week) - --9. -- i $129.38 -- ---_ - - - -- ----- i----_ - $131.69 ___ - $2.31 - 1.79 Commercial Containers yd per $167.13 $170.05 $2.92 1.75 0 2 yd (4x per week) $224.24 - $228.16 _ Commercial Containers 2 yd (5 x per week) - --- _ $281.21 --- ------------ $286.13 $ 3.92 - $4.92 1.75 0 1.75 Commercial Containers 12 yd (6 x per week) _ -- $338.18 $344.10 $5.92 1.75 0 - 35 Commercial Containers 36 Commercial Containers 37 Commercial Containers 38 Commercial Containers 39 Commercial Containers 40 Commercial Containers 41 42 Commercial Containers 43 Commercial Containers 44 Commercial Containers 45 Commercial Containers 46 Commercial Containers 47 Commercial Containers 48 ----- 49 Commercial Containers 50 Commercial Containers 51 Commercial Containers 52 Commercial Containers 53 Commercial Containers 54 Commercial Containers 55 Commercial Containers 56 57 Commercial Compactors 58 Commercial Cmmnar.tnrc 3 yd (1 x per week) 3 yd (2 x per week) 3 yd (3 x per week) 3 yd (4 x per week) 3 yd (5 x per week) 3 yd (6 x per week) 6 yd 0 x per week) 6 yd (2 x per week) 6 yd (3 x per week) 6 yd (4 x per week) - 6 yd (5 x per week) 6 yd (6 x per week) 8 yd 0 x per week) 8 yd (2 x per week) 8 yd (3 x per week) 8 yd (4 x per week) 8 yd (5 x per week) 8 yd (6 x per week) 8 yd (7 x per week) 2 yd (base price per pickup per week) 3 yd (base price per pickup per week) $94.82 $96.42 -- i $153.20 $155.66 - --- $211.69 $215.01 i - $278.86 _- $283.22 - $366.84 $444.44 $451.52 $1.60 $2.46 $3.32 $4.36 $5.83 $7.08 1.69% 1.61% 1.57% 1.56% 1.59% 1.59% 147.48 $237.52 15149.82 $2.34 1. 59% $241.03 -- _ -. $705.34 ---F $3.51 1, 0 48 $327.44 -- -- $332.12 $4.68 1.43% $436.60 $442.84- $6.24 - - 1.43 $545.83 -� ----- - $553.63 $7.80 1.43 -�$654.99 -- ------ - -- - -- $664.36 - - $9.37 -- --- -- .43Yo $174 82 $177.50 $2.68 _- 1.53% $270.82 $274.56 - �-- -- - - ---- $3.74 1.38% - ---- $365.75 370 $.54 -- - -- - i --- $370 -- $4.79 1.31% 472.99 $479.07 -- $6 08 0 - _ 1.29 70 $587.30 $594.82 $7.52 -- -- -- 696.48 - - $1,067.211082 -- _ -. $705.34 $8.86 1.28 1.27% $ .77 -� $15.56 1.46% - -- $51.60 T-- $52.55 - $0.95 1.84% $71.11 - $72.41 $1.30 - 1.83 59 Commercial Compactors 4 yd (base price per pickup per week) 60 Commercial Compactors 5 yd (base price per pickup per week) 61 Commercial Compactors 6 yd (base price per pickup per week) 62 1 Commercial Compactors 7 yd (base price per pickup per week) 65 COMMERCIAL TEMPORARY TRASH 66 Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste) 67 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition 68 Commercial Temporary Service 3 yd (Monthly Rent) 69 Commercial Temporary Service 3 yd (Daily Rent) 70 $56.75$57.711 $26.63- --- $27.1 i �- ----- 4 - $0.89 $0.91 `� -- 71 Commercial Temporary Service 6 yd Haul Svc (Municipal Solid Waste) 72 Commercial Temporary Service 6 yd Haul Svc (Construction and Demolition) 73 Commercial Temporary Service 6 yd (Monthly Rent) 74 Commercial Temporary Service 16 yd (Daily Rent) 75 76 Commercial Temporary Service 8 yd Haul Svc (Municipal Solid Waste -- - ) 77 Commercial Temporary Service 8 yd (Monthly Rent) 78 1 Commercial Temporary Service 18 yd (Daily Rent) 79 -- - 80 COMMERCIAL PERMANENT RECYCLING 1Fc ommercial Commingled Recyclable C, Container Delivery Charge (3,5,6,8 yd options) 82 - -- 83 Commercial Commingled Recyclable C, 3 yd (Extra Dump) 84 Commercial Commingled Recyclable Ci 3 yd (2 x month)_ 85 Commercial Commingled Recyclable C1 3 yd (1 x week) 86 Commercial Commingled Recyclable C, 3 yd (2 x week) 87 Commercial Commingled Recyclable C, 3 yd (3 x week) 8 Commercial Commingled Recyclable C, 3 yd (4 x week) 89 Commercial Commingled Recyclable C( 3 yd (5 x week) 90 91 Commercial Commingled Recyclable Cf 5 yd (Extra Dump) 92 Commercial Commingled:Recyclable Ci 5 yd (2 x month) 93 Commercial Commingled Recyclable C1 5 yd (1 x week) 94 i Commercial Commingled Recyclable Ci 5 yd (2 x week) 95 Commercial Commingled Recyclable Ci 5 yd (3 x week) 96 Commercial Commingled Recyclable Ci 5 yd (4 x week) 97 - [Commercial Commingled Recyclable CF5yd (5 x week) CURRENT � $90.98 T ____ PROPOSED ----$92.64 I $112.92 $132.62 _ ---- $178.24 - ---- -- increase $1.66 $2.01 $2.36 $3.17 % of increase 1.82% 1.81 1.81% 1 ° .81/o -- ---- -- - -� --- $110.91 $130.26 -$175.07 -- - �_------- -- T�$30.42 -- $30.97 - ! $0.55 0 1.81/ - - - 1_r$0.76$0.77 $98.53 $100.39 i -- ----------- $23.01 $23.44 -- -- $1.86 $0.43 i $0.01 1.89 1.87 1.32 - $44.12 $44.87 _ $148.89 $151.63 $25.52 $26.04 --.$0.87 $0.75 $2.74 $0.52 $0.02 1.70% 1.84°° 2.04% ° $76.81 -------- $78.38 $1.57 $56.75$57.711 $26.63- --- $27.1 i �- ----- 4 - $0.89 $0.91 `� -- i $0.96 1.69% $0.54 $0.02 2.03% 2.25% - 1 --- ----- ---� $0.45 - -_ $21.82 ^--.$22.27 2.06° $16.57 $16.91 _ $53.00 $54.08 -- ---- ------ �- $12.84- $13.10 i $0.26 2.02% -- $39.89 _ $40.71 $0.82 2.06% $2.17 $296 $45.21 $46.14 $0.93 2.06 2 .05 2.05 $76.81 -------- $78.38 $1.57 2.04% i $108.42 -- $110.64 $2.22 2.05 ::1 $140.02 $142.89 $175.13 $2.872.05% _--$171.61 $3.522.05% $16.57 $16.91 _ $53.00 $54.08 -- ---- ------ �- $0.34 _- - --- $1.08 2.05 2.04% $67.09 I68 .46 $ $106.00 $108.17 !- $1.37 2.04% -- - __ $144.50 $147.46 $2.17 $296 2.05% ° --- - - -_- --- --- $183.21 _ $186.96 ! . $3 . 75 2 .05 2.05 $221.91 $226.45 -- - -- - -- $4.54 2.05 98 9 10 10 10 10 10 105 106 107 108 109 110 111 112 113 115 116 117 118 119 120 CURRENT PROPOSED increase % of increase ommercial Commingled Recyclable Ci 6 d Extra Dump) g Y Y ( p) 1 2Commercial 3Commercial Container Delivery Svc 6 - 10 yd -- - 10 yd containers (Haul Svc) $20.23 $0.45 2.06 2.04% $20.64 $0.41 o Commercial Commingled Recyclable Ci 6 yd (2 x month) Commercial Commingled Recyclable C, 6 yd (1 x week) - $0.00 $0.00 - $62.69 -- -$1.28 $68.38 $116.88 $165.37 $213.87 l $262.36 $0.00 $38.16_ $21.20 - $1.00 $63.97 $69.78 $119.272.39 $168.76 _ $218.25 $267.74 ---- - $ 03 2.03 2.04% $ 1.40 2.05 Commingled Recyclable C, 6 yd (2 x week) �- -- Commingled Recyclable Ci 6 yd (3 x week) Commercial Commingled Recyclable Ci 6 yd (4 x week) Commercial Commingled Recyclable Cil 6 yd (5 x week) $ � $3.39 2.04/ 2.05 $4.38 $5.38 2.05% 2.05% - �: $27,83 $28.40 --- --- i $72.58 $74.06 - I $78.26$79.86 --_ $136-.35 $139.14 _ $194.45 $198.433,98 $252.86 $257.732 - -- $312. 326.40 -�-- - Commercial Commingled Recyclable C� 8 yd (Extra Dump) . Commercial Commingled Recyclable Ci 8 yd (2 x month) Commercial Commingled Recyclable C, 8 yd (1 x week) ommercial Commingled Recyclable C� 8 yd (2 x week) Commercial Commingled Recyclable Ci 8 yd (3 x week) Commercial Commingled Recyclable Ci 8 yd (4 x week) Commercial Commingled Recyclable Ci 8 yd (5 x week) $0.57 $1.48 _ $1.60 . $279 $ $ 5 17 $ -- _ 2.05 . 04 2 ° 2.04/ 2.05 0 2.050 .05 0 2.05 ommercial Commingled Recyclable Ci 95 gallon carts 1 cart/week) Y 9 ( ) $0.20 - 2.00% Commercial Commingled Recyclable Ci 95 gallon carts 2 cart/week- 9 Y 9 ( } Commercial Commingled Recyclable Ci 95 gallon carts (3 cart/week) Commercial Commingled Recyclable Cl 95 gallon carts (4 cart/week) Commercial Commingled Recyclable C�95 gallon carts (5 cart/week) i $15.00 $15.30 $20.00 $20.40 $25.00 $25.502 $30.00 $30.60 $0.30 $0.40 0 $50 2.00 2.00/ .00. 0 122 123 INDUSTRIAL TRASH 124 I d 125 126 127 128 129 130 131 132 H Ll C1 Trash Industrial Trash Container Delivery Svc 6 - 10 yd -- - 10 yd containers (Haul Svc) �-------------- $21,82 $22.27 - - $5428-$55.39 $0.45 2.06 2.04% Industrial Trash Industrial Trash Industrial Trash- rIn-du-strial Trash In Industrial Trash Industrial Trash Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste) is Disposal Fee C&D/Com acted Y p ( p ) 6 yd Disposal Fee (Wood) - -- 6 yd Disposal Fee (Sheetrock) 6 yd Disposal Fee (Clean Rock, Gravel, etc.) 6 yd (Monthly Rent) 6 yd (Daily Rent) - ------ r-- -- -- -- - ------------$34.98 $34.98 $34.98 -- - ------ - ----- ---- ---------- - $69.96 $69.96 -- �- $17.52 $17.5 2 i $0.00 - � _ $38.16 j- $0.00 $21.20 $48.78 $49.78 _ $1.60 $1.630. - $0.00 $0.00 - _ $0.00 $38.16_ $21.20 - $1.00 _ New New 2.05 $ 03 1.88 o 133 Industrial Trash 134 Industrial Trash 135 Industrial Trash I - 8 yd Disposal Fee (Municipal Solid Waste) 8 yd Disposal Fee (C&D/Compacted) 8 yd Disposal Fee (Wood) $46.64 $46.64 $93.28 $93.28 $23.36_ i $23.36 $0.00 $0.00 131 13' 13< 13! 14( 14: 14: 14-: 144 145 14E 147 148 149 150 151 152 153 154 155 156 Inf'I��c•�ri.�l T......L. CURRENT PROPOSED increase OX, of inrrnnc,, - - - ----- �Industrial Trash Industrial Trash -- Industrial Trash v yu tjibpvsai ree toneetroCK) 8 yd Disposal Fee (Clean Rock, Gravel, etc.) -- 8 yd (Monthly Rent) 8 yd (Daily Rent) --- $0.00 $0.00 - �--- $63.23 - $2.08 $50.88 $21.20 $64.52 --$2.12 T'1 $50.88 $21.20 $1.29 0 $04 New New 2.04% 0 $233.20' $233.20 $0.00 Industrial Trash $58.30 $58.30 ----- -----_ _-__� i $116.60 I $116.60 $29.20 $29.20 -- -- - - ��$Q.00 X63.60 $0.00 $21.20 � $70.46 $71.90 - ; $.58.40 $58.40 ' .92. -- Industrial Trash10 -- yd DisposalFee (Municipal Solid Waste) Industrial Trash 10 d Dis Disposal Fee C&D/Com acted - Y p ( p ) Industrial Trash ---- 10 yd Disposal Fee (Wood) ---- --- - Industrial Trash 10 yd Disposal Fee (Sheetrock) Industrial Trash ---- - 10 yd Disposal Fee (Clean Rock, Gravel, etc.) Industrial Trash 10 yd (Monthly Rent) $0.00 � $0.00 $ 0.00 $63.60 $21 20 -$ 1.44 - - _ - - New N New 0 2.04/ Industrial Trash --- y wily Rent) - ----- --------- $2.32 ---- $21.82 $121.46 ---------- - .46- -------23. $150.21 $239.00 - ------ - --- - $2.36 i- ---- $22.27 ; � $123.95 i -------- ----------- 153.29. _ $243.90 _ - ,- $0.04 1.72 $0.45 2.06% Industrial Trash---- on airier Delivery Svc 20 -_40 yd 20 - 40 yd containers (Haul Svc) 20 - 40 yd containers (Haul Svc for Asbestos -Ada County) 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Waste Systems) y ) Industrial Trash Industrial Trash Industrial Trash $2.49 $3.08 $4.90 2.05 0 2.05 2.05 Industrial Trash Industrial Trash - 0 yd Disposal Fee (Municipal Solid Waste) ---- - - - $116.60 -T $116.60 T -- $0.00 - Industrial Trash 30 yd Disposal Fee (C&D/Compacted) 20 yd Disposal Fee (C&D/Compacted) $233.20' $233.20 $0.00 Industrial Trash 20 yd Disposal Fee (Wood) - ; $.58.40 $58.40 ' _ $0.00 Industrial Trash Industrial Trash 20 yd Disposal Fee (Sheetrock) __ _ __ j $0.00 � _ $1.27.20 _ -- $127.20 New Industrial Trash 30 yd (Monthly Rent) 20 yd Disposal Fee (Clean Rock, Gravel, etc.) _ _ , $0.00 21.20 $ $21.20 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada Count Landfill Y ) � -- - ----- $800.00 $800.00 - New $0.00 Industrial Trash - 20 yd Disposal Fee (Asbestos - Idaho Waste Systems) - $800.00 $800.00 - $0.00 Industrial Trash -- _ - 20 yd (Monthly Rent) - -_ $8101 _ Industrial Trash 20yd (Daily Rent) $82.67 rt- � -C - - &0% -Y - --- $1.66 2.05% 157 158 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste) 159 Industrial Trash 30 yd Disposal Fee (C&D/Compacted) 160 - - Industrial Trash 30 yd Disposal Fee (Wood) $349.80 Industrial Trash _ 30 yd Disposal Fee (Sheetrock) $0.00 Industrial Trash 30 yd Disposal Fee (Clean Rock, Gravel, etc.) 161 - ---- Industrial Trash 30 yd Disposal Fee (Asbestos -Ada County Landfill) 162 Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste Systems) 163 Industrial Trash 30 yd (Monthly Rent) 1641 Industrial Trash 30 yd (Daily Rent) 165 $21.20 �._... � 1.88% $174.90- ---- --- -- _ - $174.90 $0.00 _ - $349.80 $349.80 $0.00 $87.60 ---- $87.60 $0.00 _ -- - - $0.00 ---$190.80 _ $190.80 New $0.00 $21.20 $21.20 New $1,200.001 $13200.00 $0.00 $1,200.00 -$'1,200.00 $0.00 _ $99.00 ---- _ $101.03 _ $2.03 2.05% _$3.25 -- _ $3.-32 - --- $0.07 2.15 16E 16. 16E 169 170 171 172 Industrial Trash Industrial Trash d Disposal Fee Munici al Solid Waste Y p (Municipal ) 40 yd Disposal Fee (C&D/Compacted) L.UKKtIV I - � $233.20 $466.40 PKUPUSED increase % of increase --- - - - - _ - $233.20__ $0.00 _ $466.40-- Industrial Trash 40 yd Disposal Fee (Wood) --- ----------- $116.80 -------- $116.80 $0.00 - $0.00 Industrial Trash 40 yd Disposal Fee (Sheetrock) - -- -- $0.00 $254.40 - $ 254.40 Industrial Trash Industrial Trash 40 yd Disposal Fee (Clean Rock, Gravel, etc.) $0.00 - ---1------- --- $21.20 New 21.2 $ 0 New Industrial Trash 40 yd Disposal Fee (Asbestos - Ada Count Landfill Y ) 40 Y d dis disposal Fee Asbestos ( $1,600.00 $1,600.00 - --------- - $0.00 _ Industrial Trash p -Idaho Waste Systems) -- I $1,600.00 - ----- $1,600.00 - $0.00 _ - 40 yd (Monthly Rent) ------- $113.14 $115.47 - - I $2.33 Industrial Trash 40 vd (Daily Rent) - - - -it12 17 0) - &' -7^- - - _ _ 2.06% 173 174 Industrial Trash 175 Industrial Trash 176 Industrial Trash 177 Industrial Trash 178 Industrial Trash 179 Industrial Trash 180 Industrial Trash 181IIndustrial Trash 183 INDUSTRIAL RECYCLING 10yd compactor Disposal Fee 15yd compactor Disposal Fee 18yd compactor Disposal Fee 20yd compactor Disposal Fee 25yd compactor Disposal Fee 30yd compactor Disposal Fee 36yd compactor Disposal Fee 40yd compactor Disposal Fee 184 Industrial Recycling Container Delivery Svc 6 - 10 yd 185 Industrial Recycling 6 - 10 yd containers (Haul Svc) 186 - - - 187 Industrial Recycling 6 yd (Monthly Rent) 188 Industrial Recycling 6 yd (Daily Rent) 189 $0.00 190 Industrial Recycling 8 yd (Monthly Rent) 191 Industrial Recycling i 8yd (Daily Rent) 192 - 193 Industrial Recycling 10 yd (Monthly Rent) 194 Industrial Recycling 10 yd (Daily Rent) 195 _ $349.80 196 Industrial Recycling Y 9 Contain Deliver Svc 20 -40 yd 197 Industrial Recycling 20- 40 yd containers (Haul Svc) $419.76 $419.76 $0.00 $116.60 ---- $116.60 -_- $0.00 _ -- ---------------- 174.90 $174.90 $0.00 $209.88 $209.88 $54.28 $0.00 $233.20 $233.20 - $0.00 $291.50 $291.50 $1.60 $0.00 _ ------- $349.80 _ $349.80 - - $0.00 $419.76 $419.76 $0.00 $466.40 $466.40 0.00 _ ---- $0.45 2.06% $21.82 -- _ $22.27 - $54.28 _ $55.39. � - o $1.11 2.04/ �T $48.78_- -�- $49.78 $1.00 2.05 $1.60 $1.63 $0.03 1.88% -- - -- --_ $63.23 $2.08 --------- - $64.52 - - -$1.29 2.04% $2.12 - - $0.04 1 .92 0 $70. 4 6 -- 90 $71. ;77 $1.44 2.04 - - - - --- - - - $2.32-- --- $2.36 $0.04 1.72 -- ---------- - $ 21.82 l - -- ---- -- -� - $22.27 - $0.45 2.06% 198 - $121.46 $123.95 $2.49 - - 2.05% 199 Industrial Recycling 20 yd (Monthly Rent)-- - ---- - $82.67 -- --I $81.01 $1.66 2.05% 200 Industrial Recycling 20 yd (Daily Rent) - 201 -- - - $2.66 $2.71 $0.05 1.88% 202 Industrial Recycling 30 yd (Monthly Rent) 203 Industrial Recycling 30 yd (Daily Rent) 204 2.06% 205 Industrial Recycling 40 yd (Monthly Rent) 206 Industrial Recycling 40 yd (Daily Rent) 207 2081 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) 209 210 INDUSTRIAL BIOSOLIDS Extra Cart Pickup/Go /Go Back p (per occurrence) Zil �bIosoIias I Biosolids Hauling - Ada County Landfill (per haul) 2-12 olids Biosolids Hauling - Idaho Waste Systems Landfill (per haul) 215 216 MISCELLANEOUS CHARGES 217 218 219 220 221 222 223 224 225 226 CURRENT PROPOSED $99-60_�j $101.03 $3.25 $113.14 $115.47 $3.72 $3_79 $121.46 J_ $123.95 increase % of increase $2.03 2.05% $0.07 2.15% $2.33 2.06% $0.07 - A_ _ 1.88% 2.05% $656.26 $3.81 0.58% $660.06 --------- $5.08 - 0.78% Miscellaneous Collection Tires 9 (ea.) up to 16 inch Miscellaneous Collection Miscellaneous Collection Freon -containing units Special Collection (for each increment of 10 minutes) - � $50.58 _ $20.27 $51.62 - -------------- --r-- $20.69o 2.07/ $1.04 $0.42 0 2.06/ 2.07/ Miscellaneous Collection Extra Cart Pickup/Go /Go Back p (per occurrence) I -- $10.60 - $21.82 $15.48 $62.64 $184.44 -- $93.77 $0.00 - -- --_-_ _-- $10.7-9--- $22.27 $15.80 $63.92 $188.22$3.78 - --$95-69 - ------ $95.691,92 __ _ 55.39 -� --- � $0.19 $0.45 ! 0,32 $ 1.79% 2.06% 2.07/ Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial Industrial ServicesT--- urnaround compactor fee -Commercial/Industrial Miscellaneous Collection Weekend Charge - Industrial - Miscellaneous Collection Pressure Wash - Industrial Industrial Services Dry Run - lindustrial containers and compactors (20 - 40 yd) Industrial Services Dry Run - Industrial containers and compactors (6 - 10 yd) - -- - $1.28 _ $ $55.39 2.04% 2.05% 2.05 New DATED this 14th Day of August, 2014. PUBLISH on August 18, 2014 and August 25, 2014 J EE L. 'l4OLMA ;� CJTY--0 RK o�p,�ED A Uc& 4� -V city lot I 1 : Nj-- iZ%&_J1 ,� IDAHO SES 4Vw of 'be TRtkStjj' CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE — September 2, 2014 ITEM # 71 1__1-1117,-,,,____ PROJECT NUMBER Annual Rate Adjustment by Republic Services for *'ROJECT NAME Solid Waste Collection PLEASE PRINT NAME FOR AGAINST NEUTRAL R E C E IN T "y' DATE: Septembe2, 2014 ITEM NUMBER: 7B • ► til= =1: Resolution No. D1 : A Resolution Adopting the Annual Rate Adjustment for Solid Waste Collection Services by Republic Services, Inc; authorizing the City of Meridian Utility Billing Department to Collect Such Rates and Providing an Effective Date. NOTESMEETING Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE ANNUAL RATE ADJUSTMENT FOR THE SOLID WASTE COLLECTION SERVICES BY REPUBLIC SERVICES, INC.; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on September 2, 2014, the City Council of Meridian held a hearing on the adoption of the proposed changes to the Rate Schedule of Solid Waste Collection, as set forth in ExhibitA hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed changes to the Rate Schedule of Solid Waste Collection; WHEREAS, the proposed changes to the Rate Schedule of the Solid Waste Collection are based on a fee increase for residential and commercial services based on change in the Consumer Price Index and 2 new fees. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Rate Schedule of the Solid Waste Collection, as set forth in ExhibitA hereto, is hereby adopted. Section 2. That the City of Meridian Utility Billing Department is hereby authorized to implement and carry out the collection of said rates. Section 3. That this Resolution shall be in full force and effect with the beginning of the October 55 2014 billing cycle to be reflected on the November billing statements of the City of Meridian Utility Billing Department. ADOPTED by the City Council of the City of Meridian, Idaho this `day of , 2014. �_ APPROVED by the Mayor of the City of Meridian, Idaho, this cay of ,�� a , 2014. ATTEST: ]man, City Cleric APPROVED: Tammy da We6rd, Mayor ADOPTION OF RATE SCHEDULE OF AUTOMATED TRASH COLLECTION PAGE 1 OF 1 A e � F 4 � APPROVED: Tammy da We6rd, Mayor ADOPTION OF RATE SCHEDULE OF AUTOMATED TRASH COLLECTION PAGE 1 OF 1 CITY OF MERIDIAN NOTICEOF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold apublic hearing at 6:00 p.m. on Tuesday, September 2, 2014 at Meridian City Hall, 33 East Broadway Avenure, Meridian, Idaho, regarding the adoption of the Solid Waste Collection Rates Fee Schedule as set forth below. Further information regarding the proposed fee schedule is on file in the Clty Clerk's Office at Meridian City Hall, 33 East Broadway Ave., Meridian, Idaho and is available for inspection during g business hours. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submitt terrriroty. Oral testimony may be limited to three(3) minutes per person. Written materials should be submitted to the City Chlerk no later than 7 days prior to the above hearing date. All testimony and materials presented a public meetings shall become property of the City of Meridian. For auditory, visual, or language accomodations, please contact the City Clerk's Office at 208-888-4433 at least 48 hours prior to theublic meeting. p g Proposed Fee Schedule Ninety Percent of Change in CPI Idaho Sales Tax Row # RESIDENTIAL TRASH & RECYCLING 2.05% 6.00% 1 Residential 95 gallon service (includes 1 recycling cart) 2 Residential 65 gallon service (includes 1 recycling cart) 3 Residential 35 gallon service (includes 1 recycling cart) 4 Residential Extra Carts (per cart per month) CURRENT PROPOSED increase % of increase 5 Residential -t- - Cart Pickup/ Upsize Exchange fee (per event) $12.74 $13.00 $0.26 2.04% Residential - - - Cart Deliver free $0.00 - ---- Y (free) $0.00 $0.00 --- ---- --- --- Residential Carry - Carry Out Service _ - $30.00 $30.62 $0.62 2.07% 8 COMMERCIAL PERMANENT TRASH _ - - - - -� Commercial Carts 11 95 gallon cart (1 x per week) $27.85 $28.32 $0.47 1.69% 10 Commercial Carts 1, 95 gallon cart (2 x per week) j $52.66$53.54 $0.88 1.67% 11 Commercial Carts 1, 95 gallon cart (3 x per week) $77.45 $78.74 - - -- �-- ------ $1.29 1.67% 13 Commercial Carts 2, 95 gallon cart (1 x per week) ! $55.72 1 $56.64 $0.92 1.65% 14 ------ Commercial Carts 2, 95 gallon cart (2 x per week) $105.23 $107.06 $1,83 1.74% _ -- - 15 Commercial Carts ---_ 21 95 gallon cart (3 x per week) $154.89 $157.48 $2.59 --- 1.67% 16 7 ommercial Carts 3, 95 gallon cart (1 x per week) $83.56 $84.96 $1.40 1.68% - - - - - 18 ommercial Carts 3, 95 gallon cart (2 x per week) $157.96 $160.62$2,66 --- 1.68%-- - --- - - 19 Commercial Carts 3, 95 gallon cart (3 x per week) $232.33 $236.22 $3.89 1.67% - - - --- -- 0 21 Commercial Container - Container Delivery Svc (2,3,6,8 yd options) $21.82 $22.27 $0.45 2.06% $17.25 $0.25 1.47% - -- -- i $0.25 1.67% 1.92% $15.00 $15.25 $13.00 $13.25$0.25 $2.13 $2.17 i $0 04 1 88% 5 Residential -t- - Cart Pickup/ Upsize Exchange fee (per event) $12.74 $13.00 $0.26 2.04% Residential - - - Cart Deliver free $0.00 - ---- Y (free) $0.00 $0.00 --- ---- --- --- Residential Carry - Carry Out Service _ - $30.00 $30.62 $0.62 2.07% 8 COMMERCIAL PERMANENT TRASH _ - - - - -� Commercial Carts 11 95 gallon cart (1 x per week) $27.85 $28.32 $0.47 1.69% 10 Commercial Carts 1, 95 gallon cart (2 x per week) j $52.66$53.54 $0.88 1.67% 11 Commercial Carts 1, 95 gallon cart (3 x per week) $77.45 $78.74 - - -- �-- ------ $1.29 1.67% 13 Commercial Carts 2, 95 gallon cart (1 x per week) ! $55.72 1 $56.64 $0.92 1.65% 14 ------ Commercial Carts 2, 95 gallon cart (2 x per week) $105.23 $107.06 $1,83 1.74% _ -- - 15 Commercial Carts ---_ 21 95 gallon cart (3 x per week) $154.89 $157.48 $2.59 --- 1.67% 16 7 ommercial Carts 3, 95 gallon cart (1 x per week) $83.56 $84.96 $1.40 1.68% - - - - - 18 ommercial Carts 3, 95 gallon cart (2 x per week) $157.96 $160.62$2,66 --- 1.68%-- - --- - - 19 Commercial Carts 3, 95 gallon cart (3 x per week) $232.33 $236.22 $3.89 1.67% - - - --- -- 0 21 Commercial Container - Container Delivery Svc (2,3,6,8 yd options) $21.82 $22.27 $0.45 2.06% 22 23 2 25 26 27 28 29 30 31 32 33 34 CURRENT PROPOSED increase % of increase Commercial Container Commercial 4 Commercial Y (Extra Dump)2-2-.27-- ------- - - -- -- --- $22.69- $22.69 $0.42 $327.44 Container$22.27 3 yd (Extra Dump) - I $30.42 _ $30.971.81 - 1.43 0 1.89/ - -- Commercial Container Commercial Container - 6 yd (Extra Dump) ---- f ------ ---------- $44.12 - -------_--__- _ _ ------ -- -------- $44.87 ;$0.55 $0.75 0 1.70% - 1.83 8 yd (Extra Dump) -- $56.75 - -- - - $57.71 $0.96 $92.65 -- � �$I.70 1.6 9 ---- -- 1.87% Commercial Containers 2 yd (1 x per week) ----------- $90.95 - � Commercial Containers Commercial Containers 2 yd (2x per week) - -- 2 (3x week) - --9. -- i $129.38 -- ---_ - - - -- ----- i----_ - $131.69 ___ - $2.31 - 1.79 Commercial Containers yd per $167.13 $170.05 $2.92 1.75 0 2 yd (4x per week) $224.24 - $228.16 _ Commercial Containers 2 yd (5 x per week) - --- _ $281.21 --- ------------ $286.13 $ 3.92 - $4.92 1.75 0 1.75 Commercial Containers 12 yd (6 x per week) _ -- $338.18 $344.10 $5.92 1.75 0 - 35 Commercial Containers 36 Commercial Containers 37 Commercial Containers 38 Commercial Containers 39 Commercial Containers 40 Commercial Containers 41 42 Commercial Containers 43 Commercial Containers 44 Commercial Containers 45 Commercial Containers 46 Commercial Containers 47 Commercial Containers 48 ----- 49 Commercial Containers 50 Commercial Containers 51 Commercial Containers 52 Commercial Containers 53 Commercial Containers 54 Commercial Containers 55 Commercial Containers 56 57 Commercial Compactors 58 Commercial Cmmnar.tnrc 3 yd (1 x per week) 3 yd (2 x per week) 3 yd (3 x per week) 3 yd (4 x per week) 3 yd (5 x per week) 3 yd (6 x per week) 6 yd 0 x per week) 6 yd (2 x per week) 6 yd (3 x per week) 6 yd (4 x per week) - 6 yd (5 x per week) 6 yd (6 x per week) 8 yd 0 x per week) 8 yd (2 x per week) 8 yd (3 x per week) 8 yd (4 x per week) 8 yd (5 x per week) 8 yd (6 x per week) 8 yd (7 x per week) 2 yd (base price per pickup per week) 3 yd (base price per pickup per week) $94.82 $96.42 -- i $153.20 $155.66 - --- $211.69 $215.01 i - $278.86 _- $283.22 - $366.84 $444.44 $451.52 $1.60 $2.46 $3.32 $4.36 $5.83 $7.08 1.69% 1.61% 1.57% 1.56% 1.59% 1.59% 147.48 $237.52 15149.82 $2.34 1. 59% $241.03 -- _ -. $705.34 ---F $3.51 1, 0 48 $327.44 -- -- $332.12 $4.68 1.43% $436.60 $442.84- $6.24 - - 1.43 $545.83 -� ----- - $553.63 $7.80 1.43 -�$654.99 -- ------ - -- - -- $664.36 - - $9.37 -- --- -- .43Yo $174 82 $177.50 $2.68 _- 1.53% $270.82 $274.56 - �-- -- - - ---- $3.74 1.38% - ---- $365.75 370 $.54 -- - -- - i --- $370 -- $4.79 1.31% 472.99 $479.07 -- $6 08 0 - _ 1.29 70 $587.30 $594.82 $7.52 -- -- -- 696.48 - - $1,067.211082 -- _ -. $705.34 $8.86 1.28 1.27% $ .77 -� $15.56 1.46% - -- $51.60 T-- $52.55 - $0.95 1.84% $71.11 - $72.41 $1.30 - 1.83 59 Commercial Compactors 4 yd (base price per pickup per week) 60 Commercial Compactors 5 yd (base price per pickup per week) 61 Commercial Compactors 6 yd (base price per pickup per week) 62 1 Commercial Compactors 7 yd (base price per pickup per week) 65 COMMERCIAL TEMPORARY TRASH 66 Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste) 67 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition 68 Commercial Temporary Service 3 yd (Monthly Rent) 69 Commercial Temporary Service 3 yd (Daily Rent) 70 $56.75$57.711 $26.63- --- $27.1 i �- ----- 4 - $0.89 $0.91 `� -- 71 Commercial Temporary Service 6 yd Haul Svc (Municipal Solid Waste) 72 Commercial Temporary Service 6 yd Haul Svc (Construction and Demolition) 73 Commercial Temporary Service 6 yd (Monthly Rent) 74 Commercial Temporary Service 16 yd (Daily Rent) 75 76 Commercial Temporary Service 8 yd Haul Svc (Municipal Solid Waste -- - ) 77 Commercial Temporary Service 8 yd (Monthly Rent) 78 1 Commercial Temporary Service 18 yd (Daily Rent) 79 -- - 80 COMMERCIAL PERMANENT RECYCLING 1Fc ommercial Commingled Recyclable C, Container Delivery Charge (3,5,6,8 yd options) 82 - -- 83 Commercial Commingled Recyclable C, 3 yd (Extra Dump) 84 Commercial Commingled Recyclable Ci 3 yd (2 x month)_ 85 Commercial Commingled Recyclable C1 3 yd (1 x week) 86 Commercial Commingled Recyclable C, 3 yd (2 x week) 87 Commercial Commingled Recyclable C, 3 yd (3 x week) 8 Commercial Commingled Recyclable C, 3 yd (4 x week) 89 Commercial Commingled Recyclable C( 3 yd (5 x week) 90 91 Commercial Commingled Recyclable Cf 5 yd (Extra Dump) 92 Commercial Commingled:Recyclable Ci 5 yd (2 x month) 93 Commercial Commingled Recyclable C1 5 yd (1 x week) 94 i Commercial Commingled Recyclable Ci 5 yd (2 x week) 95 Commercial Commingled Recyclable Ci 5 yd (3 x week) 96 Commercial Commingled Recyclable Ci 5 yd (4 x week) 97 - [Commercial Commingled Recyclable CF5yd (5 x week) CURRENT � $90.98 T ____ PROPOSED ----$92.64 I $112.92 $132.62 _ ---- $178.24 - ---- -- increase $1.66 $2.01 $2.36 $3.17 % of increase 1.82% 1.81 1.81% 1 ° .81/o -- ---- -- - -� --- $110.91 $130.26 -$175.07 -- - �_------- -- T�$30.42 -- $30.97 - ! $0.55 0 1.81/ - - - 1_r$0.76$0.77 $98.53 $100.39 i -- ----------- $23.01 $23.44 -- -- $1.86 $0.43 i $0.01 1.89 1.87 1.32 - $44.12 $44.87 _ $148.89 $151.63 $25.52 $26.04 --.$0.87 $0.75 $2.74 $0.52 $0.02 1.70% 1.84°° 2.04% ° $76.81 -------- $78.38 $1.57 $56.75$57.711 $26.63- --- $27.1 i �- ----- 4 - $0.89 $0.91 `� -- i $0.96 1.69% $0.54 $0.02 2.03% 2.25% - 1 --- ----- ---� $0.45 - -_ $21.82 ^--.$22.27 2.06° $16.57 $16.91 _ $53.00 $54.08 -- ---- ------ �- $12.84- $13.10 i $0.26 2.02% -- $39.89 _ $40.71 $0.82 2.06% $2.17 $296 $45.21 $46.14 $0.93 2.06 2 .05 2.05 $76.81 -------- $78.38 $1.57 2.04% i $108.42 -- $110.64 $2.22 2.05 ::1 $140.02 $142.89 $175.13 $2.872.05% _--$171.61 $3.522.05% $16.57 $16.91 _ $53.00 $54.08 -- ---- ------ �- $0.34 _- - --- $1.08 2.05 2.04% $67.09 I68 .46 $ $106.00 $108.17 !- $1.37 2.04% -- - __ $144.50 $147.46 $2.17 $296 2.05% ° --- - - -_- --- --- $183.21 _ $186.96 ! . $3 . 75 2 .05 2.05 $221.91 $226.45 -- - -- - -- $4.54 2.05 98 9 10 10 10 10 10 105 106 107 108 109 110 111 112 113 115 116 117 118 119 120 CURRENT PROPOSED increase % of increase ommercial Commingled Recyclable Ci 6 d Extra Dump) g Y Y ( p) 1 2Commercial 3Commercial Container Delivery Svc 6 - 10 yd -- - 10 yd containers (Haul Svc) $20.23 $0.45 2.06 2.04% $20.64 $0.41 o Commercial Commingled Recyclable Ci 6 yd (2 x month) Commercial Commingled Recyclable C, 6 yd (1 x week) - $0.00 $0.00 - $62.69 -- -$1.28 $68.38 $116.88 $165.37 $213.87 l $262.36 $0.00 $38.16_ $21.20 - $1.00 $63.97 $69.78 $119.272.39 $168.76 _ $218.25 $267.74 ---- - $ 03 2.03 2.04% $ 1.40 2.05 Commingled Recyclable C, 6 yd (2 x week) �- -- Commingled Recyclable Ci 6 yd (3 x week) Commercial Commingled Recyclable Ci 6 yd (4 x week) Commercial Commingled Recyclable Cil 6 yd (5 x week) $ � $3.39 2.04/ 2.05 $4.38 $5.38 2.05% 2.05% - �: $27,83 $28.40 --- --- i $72.58 $74.06 - I $78.26$79.86 --_ $136-.35 $139.14 _ $194.45 $198.433,98 $252.86 $257.732 - -- $312. 326.40 -�-- - Commercial Commingled Recyclable C� 8 yd (Extra Dump) . Commercial Commingled Recyclable Ci 8 yd (2 x month) Commercial Commingled Recyclable C, 8 yd (1 x week) ommercial Commingled Recyclable C� 8 yd (2 x week) Commercial Commingled Recyclable Ci 8 yd (3 x week) Commercial Commingled Recyclable Ci 8 yd (4 x week) Commercial Commingled Recyclable Ci 8 yd (5 x week) $0.57 $1.48 _ $1.60 . $279 $ $ 5 17 $ -- _ 2.05 . 04 2 ° 2.04/ 2.05 0 2.050 .05 0 2.05 ommercial Commingled Recyclable Ci 95 gallon carts 1 cart/week) Y 9 ( ) $0.20 - 2.00% Commercial Commingled Recyclable Ci 95 gallon carts 2 cart/week- 9 Y 9 ( } Commercial Commingled Recyclable Ci 95 gallon carts (3 cart/week) Commercial Commingled Recyclable Cl 95 gallon carts (4 cart/week) Commercial Commingled Recyclable C�95 gallon carts (5 cart/week) i $15.00 $15.30 $20.00 $20.40 $25.00 $25.502 $30.00 $30.60 $0.30 $0.40 0 $50 2.00 2.00/ .00. 0 122 123 INDUSTRIAL TRASH 124 I d 125 126 127 128 129 130 131 132 H Ll C1 Trash Industrial Trash Container Delivery Svc 6 - 10 yd -- - 10 yd containers (Haul Svc) �-------------- $21,82 $22.27 - - $5428-$55.39 $0.45 2.06 2.04% Industrial Trash Industrial Trash Industrial Trash- rIn-du-strial Trash In Industrial Trash Industrial Trash Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste) is Disposal Fee C&D/Com acted Y p ( p ) 6 yd Disposal Fee (Wood) - -- 6 yd Disposal Fee (Sheetrock) 6 yd Disposal Fee (Clean Rock, Gravel, etc.) 6 yd (Monthly Rent) 6 yd (Daily Rent) - ------ r-- -- -- -- - ------------$34.98 $34.98 $34.98 -- - ------ - ----- ---- ---------- - $69.96 $69.96 -- �- $17.52 $17.5 2 i $0.00 - � _ $38.16 j- $0.00 $21.20 $48.78 $49.78 _ $1.60 $1.630. - $0.00 $0.00 - _ $0.00 $38.16_ $21.20 - $1.00 _ New New 2.05 $ 03 1.88 o 133 Industrial Trash 134 Industrial Trash 135 Industrial Trash I - 8 yd Disposal Fee (Municipal Solid Waste) 8 yd Disposal Fee (C&D/Compacted) 8 yd Disposal Fee (Wood) $46.64 $46.64 $93.28 $93.28 $23.36_ i $23.36 $0.00 $0.00 131 13' 13< 13! 14( 14: 14: 14-: 144 145 14E 147 148 149 150 151 152 153 154 155 156 Inf'I��c•�ri.�l T......L. CURRENT PROPOSED increase OX, of inrrnnc,, - - - ----- �Industrial Trash Industrial Trash -- Industrial Trash v yu tjibpvsai ree toneetroCK) 8 yd Disposal Fee (Clean Rock, Gravel, etc.) -- 8 yd (Monthly Rent) 8 yd (Daily Rent) --- $0.00 $0.00 - �--- $63.23 - $2.08 $50.88 $21.20 $64.52 --$2.12 T'1 $50.88 $21.20 $1.29 0 $04 New New 2.04% 0 $233.20' $233.20 $0.00 Industrial Trash $58.30 $58.30 ----- -----_ _-__� i $116.60 I $116.60 $29.20 $29.20 -- -- - - ��$Q.00 X63.60 $0.00 $21.20 � $70.46 $71.90 - ; $.58.40 $58.40 ' .92. -- Industrial Trash10 -- yd DisposalFee (Municipal Solid Waste) Industrial Trash 10 d Dis Disposal Fee C&D/Com acted - Y p ( p ) Industrial Trash ---- 10 yd Disposal Fee (Wood) ---- --- - Industrial Trash 10 yd Disposal Fee (Sheetrock) Industrial Trash ---- - 10 yd Disposal Fee (Clean Rock, Gravel, etc.) Industrial Trash 10 yd (Monthly Rent) $0.00 � $0.00 $ 0.00 $63.60 $21 20 -$ 1.44 - - _ - - New N New 0 2.04/ Industrial Trash --- y wily Rent) - ----- --------- $2.32 ---- $21.82 $121.46 ---------- - .46- -------23. $150.21 $239.00 - ------ - --- - $2.36 i- ---- $22.27 ; � $123.95 i -------- ----------- 153.29. _ $243.90 _ - ,- $0.04 1.72 $0.45 2.06% Industrial Trash---- on airier Delivery Svc 20 -_40 yd 20 - 40 yd containers (Haul Svc) 20 - 40 yd containers (Haul Svc for Asbestos -Ada County) 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Waste Systems) y ) Industrial Trash Industrial Trash Industrial Trash $2.49 $3.08 $4.90 2.05 0 2.05 2.05 Industrial Trash Industrial Trash - 0 yd Disposal Fee (Municipal Solid Waste) ---- - - - $116.60 -T $116.60 T -- $0.00 - Industrial Trash 30 yd Disposal Fee (C&D/Compacted) 20 yd Disposal Fee (C&D/Compacted) $233.20' $233.20 $0.00 Industrial Trash 20 yd Disposal Fee (Wood) - ; $.58.40 $58.40 ' _ $0.00 Industrial Trash Industrial Trash 20 yd Disposal Fee (Sheetrock) __ _ __ j $0.00 � _ $1.27.20 _ -- $127.20 New Industrial Trash 30 yd (Monthly Rent) 20 yd Disposal Fee (Clean Rock, Gravel, etc.) _ _ , $0.00 21.20 $ $21.20 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada Count Landfill Y ) � -- - ----- $800.00 $800.00 - New $0.00 Industrial Trash - 20 yd Disposal Fee (Asbestos - Idaho Waste Systems) - $800.00 $800.00 - $0.00 Industrial Trash -- _ - 20 yd (Monthly Rent) - -_ $8101 _ Industrial Trash 20yd (Daily Rent) $82.67 rt- � -C - - &0% -Y - --- $1.66 2.05% 157 158 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste) 159 Industrial Trash 30 yd Disposal Fee (C&D/Compacted) 160 - - Industrial Trash 30 yd Disposal Fee (Wood) $349.80 Industrial Trash _ 30 yd Disposal Fee (Sheetrock) $0.00 Industrial Trash 30 yd Disposal Fee (Clean Rock, Gravel, etc.) 161 - ---- Industrial Trash 30 yd Disposal Fee (Asbestos -Ada County Landfill) 162 Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste Systems) 163 Industrial Trash 30 yd (Monthly Rent) 1641 Industrial Trash 30 yd (Daily Rent) 165 $21.20 �._... � 1.88% $174.90- ---- --- -- _ - $174.90 $0.00 _ - $349.80 $349.80 $0.00 $87.60 ---- $87.60 $0.00 _ -- - - $0.00 ---$190.80 _ $190.80 New $0.00 $21.20 $21.20 New $1,200.001 $13200.00 $0.00 $1,200.00 -$'1,200.00 $0.00 _ $99.00 ---- _ $101.03 _ $2.03 2.05% _$3.25 -- _ $3.-32 - --- $0.07 2.15 16E 16. 16E 169 170 171 172 Industrial Trash Industrial Trash d Disposal Fee Munici al Solid Waste Y p (Municipal ) 40 yd Disposal Fee (C&D/Compacted) L.UKKtIV I - � $233.20 $466.40 PKUPUSED increase % of increase --- - - - - _ - $233.20__ $0.00 _ $466.40-- Industrial Trash 40 yd Disposal Fee (Wood) --- ----------- $116.80 -------- $116.80 $0.00 - $0.00 Industrial Trash 40 yd Disposal Fee (Sheetrock) - -- -- $0.00 $254.40 - $ 254.40 Industrial Trash Industrial Trash 40 yd Disposal Fee (Clean Rock, Gravel, etc.) $0.00 - ---1------- --- $21.20 New 21.2 $ 0 New Industrial Trash 40 yd Disposal Fee (Asbestos - Ada Count Landfill Y ) 40 Y d dis disposal Fee Asbestos ( $1,600.00 $1,600.00 - --------- - $0.00 _ Industrial Trash p -Idaho Waste Systems) -- I $1,600.00 - ----- $1,600.00 - $0.00 _ - 40 yd (Monthly Rent) ------- $113.14 $115.47 - - I $2.33 Industrial Trash 40 vd (Daily Rent) - - - -it12 17 0) - &' -7^- - - _ _ 2.06% 173 174 Industrial Trash 175 Industrial Trash 176 Industrial Trash 177 Industrial Trash 178 Industrial Trash 179 Industrial Trash 180 Industrial Trash 181IIndustrial Trash 183 INDUSTRIAL RECYCLING 10yd compactor Disposal Fee 15yd compactor Disposal Fee 18yd compactor Disposal Fee 20yd compactor Disposal Fee 25yd compactor Disposal Fee 30yd compactor Disposal Fee 36yd compactor Disposal Fee 40yd compactor Disposal Fee 184 Industrial Recycling Container Delivery Svc 6 - 10 yd 185 Industrial Recycling 6 - 10 yd containers (Haul Svc) 186 - - - 187 Industrial Recycling 6 yd (Monthly Rent) 188 Industrial Recycling 6 yd (Daily Rent) 189 $0.00 190 Industrial Recycling 8 yd (Monthly Rent) 191 Industrial Recycling i 8yd (Daily Rent) 192 - 193 Industrial Recycling 10 yd (Monthly Rent) 194 Industrial Recycling 10 yd (Daily Rent) 195 _ $349.80 196 Industrial Recycling Y 9 Contain Deliver Svc 20 -40 yd 197 Industrial Recycling 20- 40 yd containers (Haul Svc) $419.76 $419.76 $0.00 $116.60 ---- $116.60 -_- $0.00 _ -- ---------------- 174.90 $174.90 $0.00 $209.88 $209.88 $54.28 $0.00 $233.20 $233.20 - $0.00 $291.50 $291.50 $1.60 $0.00 _ ------- $349.80 _ $349.80 - - $0.00 $419.76 $419.76 $0.00 $466.40 $466.40 0.00 _ ---- $0.45 2.06% $21.82 -- _ $22.27 - $54.28 _ $55.39. � - o $1.11 2.04/ �T $48.78_- -�- $49.78 $1.00 2.05 $1.60 $1.63 $0.03 1.88% -- - -- --_ $63.23 $2.08 --------- - $64.52 - - -$1.29 2.04% $2.12 - - $0.04 1 .92 0 $70. 4 6 -- 90 $71. ;77 $1.44 2.04 - - - - --- - - - $2.32-- --- $2.36 $0.04 1.72 -- ---------- - $ 21.82 l - -- ---- -- -� - $22.27 - $0.45 2.06% 198 - $121.46 $123.95 $2.49 - - 2.05% 199 Industrial Recycling 20 yd (Monthly Rent)-- - ---- - $82.67 -- --I $81.01 $1.66 2.05% 200 Industrial Recycling 20 yd (Daily Rent) - 201 -- - - $2.66 $2.71 $0.05 1.88% 202 Industrial Recycling 30 yd (Monthly Rent) 203 Industrial Recycling 30 yd (Daily Rent) 204 2.06% 205 Industrial Recycling 40 yd (Monthly Rent) 206 Industrial Recycling 40 yd (Daily Rent) 207 2081 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) 209 210 INDUSTRIAL BIOSOLIDS Extra Cart Pickup/Go /Go Back p (per occurrence) Zil �bIosoIias I Biosolids Hauling - Ada County Landfill (per haul) 2-12 olids Biosolids Hauling - Idaho Waste Systems Landfill (per haul) 215 216 MISCELLANEOUS CHARGES 217 218 219 220 221 222 223 224 225 226 CURRENT PROPOSED $99-60_�j $101.03 $3.25 $113.14 $115.47 $3.72 $3_79 $121.46 J_ $123.95 increase % of increase $2.03 2.05% $0.07 2.15% $2.33 2.06% $0.07 - A_ _ 1.88% 2.05% $656.26 $3.81 0.58% $660.06 --------- $5.08 - 0.78% Miscellaneous Collection Tires 9 (ea.) up to 16 inch Miscellaneous Collection Miscellaneous Collection Freon -containing units Special Collection (for each increment of 10 minutes) - � $50.58 _ $20.27 $51.62 - -------------- --r-- $20.69o 2.07/ $1.04 $0.42 0 2.06/ 2.07/ Miscellaneous Collection Extra Cart Pickup/Go /Go Back p (per occurrence) I -- $10.60 - $21.82 $15.48 $62.64 $184.44 -- $93.77 $0.00 - -- --_-_ _-- $10.7-9--- $22.27 $15.80 $63.92 $188.22$3.78 - --$95-69 - ------ $95.691,92 __ _ 55.39 -� --- � $0.19 $0.45 ! 0,32 $ 1.79% 2.06% 2.07/ Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial Industrial ServicesT--- urnaround compactor fee -Commercial/Industrial Miscellaneous Collection Weekend Charge - Industrial - Miscellaneous Collection Pressure Wash - Industrial Industrial Services Dry Run - lindustrial containers and compactors (20 - 40 yd) Industrial Services Dry Run - Industrial containers and compactors (6 - 10 yd) - -- - $1.28 _ $ $55.39 2.04% 2.05% 2.05 New DATED this 14th Day of August, 2014. PUBLISH on August 18, 2014 and August 25, 2014 J EE L. 'l4OLMA ;� CJTY--0 RK o�p,�ED A Uc& 4� -V city lot I 1 : Nj-- iZ%&_J1 ,� IDAHO SES 4Vw of 'be TRtkStjj' September 2,2014 NUMBER: Public Hearing for Public Works Proposed Wilify Rates Increase MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS fIEBIDIANk,-, IHO Public DA Works Department Public Hearing: Utility Rates September 2, 2014 The mission of the Public Works Department is to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community in an efficient, customer -focused and financially responsible manner. Challenge • Lower Boise River Phosphorus Concerns • More Stringent NPDES Permit Requirements • Changes to facilities, processes, equipment, staff • Challenge: N $17OM/1O Years ($154M Capital; $16M Personnel, Operations & Maintenance) Surface Water Quality Regulations Existing Boise River TMDL: • Sediment • Bacteria • Temperature Proposed Phosphorus Load Allocations • LBR Contributes 8% of SR -HC Load • 80% Reduction in t Permit Cycle (0.2 mg/L) • 98% Reduction in 2 Permit Cycles (0.07 mg • Seasonal Average \a a Financing Approach Increased Connection Fe (Proposed) EPA Compliance Fee — Sewer Base Rate (Propos 2% Inflationary Rate Increase (Proposed) Fee Leveling (Proposed) Utility Assessment Growth (Anticipated $11.7M $73.5M $15.2M Currently Funded Capital Projects $4M $6.4M Utility Account Growth (Anticipated $24M / $24.7M Undesignated Ending Fund Balance Recommendation Proposed Utility Rates Increase: One-time: 2% inflationary increase to Wastewater and Water base and usage rates. Increase Monthly Water Base Fee by 2% 11¢ increase from $5.38 to $5.49 Increase Water Usage Fee by 2% 4¢ increase from $1.86 to $1.90 per 1,000 gallons EPA Compliance Fee: (Added to Wastewater base rate) • Flat Fee of $3.75 per month • Will cease after 10 years Increase Monthly Wastewater Base Fee by 2% 17¢ increase from $8.48 to $8.65 Increase Wastewater Usage Fee by 2% 11¢ increase from $5.43 to $5.54 per 1,000 gallons Add a $3.75 Monthly EPA Compliance Fee (Sunsets in 10 years) Communication & Outreach Res vnse - date' It ` rc`�r *132 13 �/ - a P ��� • Ca/rtntional ,Vie* • .� E , �' / ,� .- a Hits nia,�R r�,� . Va 6 `an Pt sa'td.:. - A Y a sp p17se 0,6/ Neef� ��. • �9 COM a Res e me Pollsye�sntse,� .. d' BCA; -1 3O4t�"eaC ..,tion Toch Points ^eztd�p 6hejla Questions &Discussion CITY OF MERIDIAN NOTICE OF PUBLIC HEARING Notice is hereby given pursuant to the laws of the State of Idaho that the City Council of the City of Meridian will hold public hearings on Tuesday, September 2, 2014, at 6:00 p.m., and on Tuesday, September 9, 2014, at 3:00 p.m., at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the Meridian Public Works Department utility rate increase, set forth below. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Cleric prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Cleric's Office at (208) 888-4433 at least 48 hours prior to the public hearing. NEW WATER RATES: Base fee: $5.49; Use charge (per 1,000 gallons): $1.90 NEW SEWER RATES: Base fee: $8.65; Use charge (per 1,000 gallons): $5.54 + $3.75 EPA wastewater surcharge DATED this 21st day of August, 2014. �eer)nr,� JACY JONES,; SENIOR DEPUTY EITY CLERK ' ) y City of EP IDIAN PUBLISH on August 25, 2014 and on September 1, 201 1Y1pNO EAI, w 0 Jacy Jones From: Peggy Gardner ;ent: Friday, August 08, 2014 4:49 PM To: Jacy Jones; Machelle Hill Cc: Jaycee Holman; mayortammy Subject: FW: Proposed Rate Changes Please add to the comments for the Rate Change discussion. Thanks, Peggy Gardner Administrative Assistant to Mayor Tammy de Weerd City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Phone 489-0529 From: hal [mailto:hsw1635@centurylink.net] Sent: Thursday, August 07, 2014 3:53 PM To: mayortammy Subject: Proposed Rate Changes Mayor, Recently received my monthly statement from the City of Meridian and enclosed with it was a notice of some forthcoming rate increased. Amounting to supposedly "less than $5.00 per month". Part of this increase, the large part, is stated will "cease after 10 years". As you and I both know, this statement is basically false. No increases put in place by any government agency ever "ceases". After a given period of time, the promise to "cease" is forgotten and it stays forever. Secondly, the notice stated there is a "Public Hearing Date". Why bother wasting the time of the "city fathers" and the public's time. I have been a resident of Meridian since 1972 and rate increases have occurred regularly, sometimes yearly, and there have been "public hearing" meetings and at the very most all that is accomplished is the "public" is simply told again what is going to happen and it happens. There is an old saying, "it does no good to fight city hall". They don't listen and they know they have the residents over a barrel since the residents have nowhere else to turn for utilities. Our only choice is to move if we don't like it. You may forward this to another department but I expect it will carry no weight regardless of where it is sent. Furthermore, I prefer you do not waste you time or mine by responding. Nothing that can be said will change anything and both of us know it. Have a good day. tial S. Wallentine PIBLIC HEARING SIGN-UP SHEET DATE September 2, 2014 ITEM # X PROJECT NAME Proposed Public Works Utility Rates Increase PLLA __INT NAME 1,11 v i_E FOR AGAINST NEUTRAL �77 44" R K S C,'F F IC. DATE: September 2, 2014 ITEM NU 7 PROJECT: AZ 1-008 ITEM TITLE: SHALLOW CREEK Public Hearing Continued from August 19, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: September 2, 2014 I 7 PROJECT: PP 14-008 ITEM TITLE: SHALLOW CREEK Public Hearing Continued from August 19, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September 2, 2014 IT . 7 Public Hearing Continued from August 19, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty - Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District MEETING NOTES _ '. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September, ITEM NUMBER: REFLECTIONPROJECT NUMBER: FP 14-037 ITEM TITLE: • NO. FP 14-037 Reflection Ridge Subdivision No. 4 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Five (5) Common Lots on 13.9 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: September 2, 2014 ITEM NUMBER:7H PROJECT 14-005 ITEM TITLE: SOUTHRIDGE COMMERCIAL Public Hearing: RZ 14-005 Southridge Commercial by DBTV Southridge Farm, LLC Located Southwest Corner of S. Linder Road and W. Overland Road Request: Rezone of 7.41 +/- Acres from the TN -C to the C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS September Public Hearing: CPAT 14-001 Existing Conditions Report Update (2014) by City of Meridian Planning Division Request: Amend the Existing Conditions Report, an Addendum to the Comprehensive Plan, for the Purpose of Revising the Text, Updating all Facts and Figures and Reformatting the Report r kalc 0�- 4�L-6-011 Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • .e 2, 2014 Public Hearing: CPAT 14-002 Downtown Master Street Plan by City of Meridian Planning Division Request: Adopt by Reference the Downtown Meridian Street Cross - Section Master Plan into the Comprehensive Plan GtJi�l C�v�Q bucc wf ct-- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS � • r September 1I*001119 • • Mayor's Office: Resolution No. t q I �: A Resolution re -appointing William Fitzgerald as Youth Member to the Parks and Recreation Commission. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. F BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING WILLIAM FITZGERALD AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to parks and recreation within the City, and to that end Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of William Fitzgerald to the Parks and Recreation Commission, for a term of up to one year; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-3(B), William Fitzgerald is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2015. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this,,,' �A day of September, 2014. f APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2014. fy WILLIAM FITZGERALD - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSIONPage 1 of 1 Mayt Ir16y de Weerd ATTEST:Citv (d Y B E^ 8 F Jaycee Holman, City Cleric WILLIAM FITZGERALD - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSIONPage 1 of 1 September 2, 2014 •! ■ Mayor's Office: Resolution No. I �-I - 1,009 : A Resolution Re -Appointing Joely Walters as the Youth Member to the Historic Preservation Commission. MEETING NOTES Community Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. _ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING JOELY WALTERS AS YOUTH COMMISSIONER TO THE HISTORICAL PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 1 establishes the Historical Preservation Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to historical preservation within the City, and to that end Meridian City Code § 2-1-3(B) states that a youth member may be appointed to the Historical Preservation Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Joely Walters to the Historical Preservation Commission to be in the best interest of the Historical Preservation Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(B), Joely Walters is hereby re- appointed to the Historical Preservation Commission, for a term to expire on August 31, 2015. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2014. ATTEST: aycee h Holman, City Clerk APPROVED: r <� May Cil Weerd JOELY WALTERS -YOUTH COMMISSIONER APPOINTMENT FOR HISTORICAL PRESERVATION COMMISSIONPAGE 1 OF I DSeptember i ITEM NUMBER: 8C ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. i � - 1010 : A Resolution re -appointing Ashlyn Morlock as Youth Member to the Solid Waste Advisory Commission. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS F CITY OF MERIDIAN RESOLUTION NO. ( F BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, RE -APPOINTING ASHLYN MORLOCK AS YOUTH COMMISSIONER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-6-3(B) states that a youth member may be appointed to the Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Ashlyn Morlock to the Solid Waste Advisory Commission to be in the best interest of the Solid Waste Advisory Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(B), Ashlyn Morlock is hereby re- appointed to the Solid Waste Advisory Commission, for a term to expire on August 31, 2015. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. F°r ADOPTED by the City Council of the City of Meridian, Idaho, this day of -August, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this Ix day of 11 August, 2014. APPRO ATTEST: / tvW By. , Jaycee f.. Holman, City Clerk de Weerd ASHLYN MORLOCK -YOUTH COMMISSIONER APPOINTMENT FOR SOLID WASTE ADVISORY COMMISSION PAGE 1 OF 1 DATE: September 2, 2014 ITEM NUMBER:9A PROJECTNUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. N — I W3 : ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE PERTAINING TO LANDSCAPE BUFFERS, FENCING FOR DAYCARES, THE PUBLIC MEETING PROCESS, PARKWAYS ALONG ARTERIAL AND COLLECTOR STREETS, POSTING FOR PUBLIC HEARINGS, CUL-DE-SAC MEASUREMENT, AND THE REMOVAL OF CONSTRUCTION SAND AND GRAVEL MINING AS A CONDITIONAL USE IN A RESIDENTIAL ZONE AND OTHER MISCELLANEOUS CLEAN-UP ITEMS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended in part as follows: 11-1A-1: DEFINITIONS OF TERMS PLAT, RECORDED: A 4na-I plat including certificates, descriptions, approvals and requirements as set forth in chapter 6, "Subdivision Regulations", of this title and the Idaho statutes, and recorded with the Ada County recorder. Section 2. That Meridian City Code Section 11-2A-2 (Table), Unified Development Code, be amended in part as follows: TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 11-40 Arts, entertainment or recreation facility, outdoors1 C C I SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 1 OF 14 Cemetery' C C C C Church or place of religious worship' C C C Civic, social or fraternal organizations'- C C C Genstruction sand and ..,-aver _F( _ Daycare center' C F C P P Daycare, family' "' I A C ` i Daycare, group'-- —_��I C P r P Dwelling, secondary' I " � I " � I . - A A Dwelling, single-family attached C P P P Dwelling, single-family detached P PP P �A/C Dwelling, townhouse - C FP P 1_Cj: Dwelling, two-family duplex C- I v I' r P C I, - Education institution, private' C C C C Education institution, public C C P/C P/C Home, manufactured or mobile subdivision - - I C C Home occupation'A� A CA A I Laundromat' FFF A A/C Manufactured home park � C Multi -family development"' I � - - C C Nursing or residential care facility' F— I - Fl�f C C Parking facility 7__ 1 Parks, public and private P I P P P µ �P J1, Personal service ( - - A Professional service -^�A� Public, infrastructure C I C C C Public or quasi -public use' F _�C F FC I C C Public utility, minor P P P P P Recreational vehicle park T F FC Restaurant F I A Storage facility, outside' ��- I � ' � A [A [_j_ A SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 2 OF 14 Storage facility, self-service' A A A A A Vertically integrated residential project' C C Wireless communication facility' P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antennas A/C FA/C F �A/C A/C Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2. Multi -family dwellings may be allowed in the R-4 and R-8 land use districts when included in a planned unit development (PUD). Section 3. That Meridian City Code Section 11-2A-4, Unified Development Code, be amended in part as follows: 11-2A-4: LOW-DENSITY RESIDENTIAL DISTRICT (R-2): The maximum gross density allowed is two (2) dwellings per acre. Dimensional standards for development in the R-2 residential district shall be as follows: (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) TABLE 11-2A-4 DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT R-2 Standard I Requirement Minimumroperty size/dwelling unit (in square feet) 12,000 Minimum street frontage (in feet) 80 Rear setback (in feet) 15 Interior side setback (in feet) 7.5/story Street setbacks: I Collector 25 rStreet landscape buffer- (in feet): Collector 120 F_ Arterial [25 '---[Entryway corridor (35 �— Interstate I50 _�m_n. �_�w Maximum building height (in feet) [35 Minimum living area (in square feet) 1,500 Minimum ground floor area for multi -story units (in square feet) 800 SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 3 OF 14 Note: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. 2 A reduction to the width of the buffer may be requested as set forth in UDC 11-3B-7C.1c. Section 4. That Meridian City Code Section 11-2A-5, Unified Development Code, be amended in part as follows: 11-2A-5: MEDIUM LOW-DENSITY RESIDENTIAL DISTRICT (R-4): The maximum gross density allowed is four (4) dwellings per acre. Dimensional standards for development in the R-4 residential district shall be as follows: (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) TABLE 11-2A-5 DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R-4 Standard Requirements Minimum property size/dwelling unit (in square feet) 8,000 Minimum street frontage (in feet) 60 Rear setback (in feet) �15 Interior side setback (in feet) I Street setback'to front loaded garage (in feet): r— Local �20 Collector 25 Street setback' to living area and/or side loaded garage (in feet): Local 15 Collector 25 r_ r Street landscape buffer (in feet): � Collector 20 Arterial 25 Entryway corridor [35 � Interstate � [50 Maximum building height (in feet) 35 j Minimum living (in square feet): Detached 1,400 Attached 800 ---- �._ Minimum ground floor area for multi -story units (in square feet) 800 SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 4 OF 14 Note: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. 2 A reduction to the width of the buffer may be requested as set forth in UDC 11-3B-7C.1c. Section 5. That Meridian City Code Section 11-2A-6, Unified Development Code, be amended in part as follows: 11-2A-6: MEDIUM -DENSITY RESIDENTIAL DISTRICT (R-8): The maximum gross density allowed is eight (8) dwellings per acre. Dimensional standards for development in the R-8 residential district shall be as follows: TABLE 11-2A-6 DIMENSIONAL STANDARDS FOR THE R-8 DISTRICT R-8 Standard Minimum property size/dwelling unit (in square feet): Requirement SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 5 OF 14 [single-family detached dwelling unit with garage facing the front property line 5,000 Single-family detached dwelling unit with common driveway, alley loaded garage, or 4,000 private street mew lots Single-family attached and two-family duplex dwelling unit 4,0001 F_ Any corner property 5,000 Minimum street frontage - single-family detached dwelling unit (in feet): With garage facing street 50 With alley loaded garage, or private street mew lots �40 Minimum street frontage - single-family attached, townhouse, and two-family duplex 40 dwelling unit (in feet) Street setback' to garage (in feet):. Local 20 L' {� Collector 25 Street setback to living area (in feet): Local 15 rCollector Side setback 5 Rearsetback 12 Street landscape buffer (in feet): [Collector 20 SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 5 OF 14 Arterial Entryway corridor 35 Interstate 50 Maximum building height (in feet) ~ M^M 35 Note: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. 2. A reduction to the width of the buffer may be requested as set forth in UDC 11-3B-7C.1c. Section 6. That Meridian City Code Section 11-2A-7, Unified Development Code, be amended in part as follows: 11-2A-7: MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): The maximum gross density allowed is fifteen (15) dwellings per acre. Dimensional standards for development in the R-15 residential district shall be as follows: TABLE 11-2A-7 DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT R-15 Standard Requirement Minimum property size/dwelling unit (in square feet) 2,400 Minimum street frontage 10, Street setbacks to garage (in feet): ---- Local - ------ 20 �C0Ilector Street setbacks to living area (in feet): �^ Local Collector 20 Side setback 3 Rear setback �12 Street landscape buffer- (in feet): Collector 20 -_____ [Arterial 25_ Entryway corridor 35 Interstate 50 Maximum building height (in feet) SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 6 OF 14 Note: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. 2. A reduction to the width of the buffer may be requested as set forth in UDC 11-36-7C.1c. Section 7. That Meridian City Code Section 11-2A-8, Unified Development Code, be amended in part as follows: 11-2A-8: HIGH-DENSITY RESIDENTIAL DISTRICT (R-40): The maximum gross density allowed is forty (40) dwellings per acre. Dimensional standards for development in the R-40 residential district shall be as follows: (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) TABLE 11-2A-8 DIMENSIONAL STANDARDS FOR THE R-40 DISTRICT R-40 Standard ( Requirement N Minimum property size/dwelling unit (in square feet)1,200 a Minimum street frontage (in feet) 0 Rear setback (in feet) 15 Interior side setback (in feet) 5/story Street setback to garage (in feet): Local 20 Collector 25 Street setback' to living area (in feet): Local Collector 20 20 Street landscape buffer (in feet): Maximum building height (in feet) 160 Note: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk. 2. A reduction to the width of the buffer may be requested as set forth in UDC 11-3B-7C.1c. Section 8. That Meridian City Code Section 11-213-3, Unified Development Code, be amended in part as follows: SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 7 OF 14 11-213-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional Standards: 1. Requirements: Table 11-213-3 of this section shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Subsections A2 and A3 of this section and 11-313-7C.1c set forth certain exceptions and additional clarification for the dimensional standards. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) TABLE 11-213-3 DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS Dimensional Standards) C N C C r C G C L -O _ M -E C WE �{ Front setback (in feet) 0 [ Rear setback (in feet) 0 Interior side setback (in feet) 0 10/52 0 0 Street landscape buffer (in feet): Local 10 Collector 20 Arterial 25 fEntryway corridor 35 Interstate 50 Landscape buffer to residential uses 20 25 25 20/102 25 25 (in feet)3 Maximum building height (in feet)r 35 50 I 465 _35 65 95 Parking requirements See chapter 3) article C, "Off Street Parking And Loading Requirements", of this title Landscaping requirements [See chapter 3, article B, "Landscaping Requirements", of this title Notes: 1. All setbacks shall be measured from the ultimate right of way for the street classification as shown on the adopted transportation plan. 2. Minimum setback only allowed with reuse of existing residential structure. 3. Where the adjacent property is vacant, the director shall determine the adjacent property designation based on the comprehensive plan designation. 4. Dimensional standards for setbacks, landscape buffers. building heights. and Darkine reauirements within adopted specific area plans take precedence over standards provided in this table. SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 8 OF 14 Section 9. That Meridian City Code Section 11-2C-3, Unified Development Code, be amended in part as follows: 11-2C-3: STANDARDS: A. Dimensional Standards: 1. Requirements: Table 11-2C-3 of this section shall be used for determining required setbacks, street and use landscape buffers and maximum building height standards for development in each of the industrial districts. Subsection A2 of this section and 11-313-7C.1c sets forth certain exceptions and additional clarification for the dimensional standards. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005). Section 10. That Meridian City Code Section 11-2C-3, Unified Development Code, be amended in part as follows: 11-213-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN -R): The standards for development in the traditional neighborhood residential district are set forth in this section as follows: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) A. Dimensional Standards: TABLE 11-2D-6 DIMENSIONAL STANDARDS IN THE TN -R DISTRICT Dimensional Standards TN-R Minimum density (dwelling units per acre) 18 net Maximum density �15 net Minimum front setback: (— For alley accessed properties' (in feet) 110 For street accessed properties' (in feet) Minimum rear setback: For alley accessed properties' (in feet) For street accessed properties' (in feet) Minimum side setback (in feet): Property lines adjoining unattached walls 20 to garage 10 to living area 20 to garage if alley width 16 feet 18 to garage if alley width 20 feet 12 -- --- 5 SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 9 OF 14 r IIS2 [Property lines adjoining attached wa F— Minimum side street setback' (in feet): rAlley Local street Collector (for alley accessed properties)3,4 Collector (for street accessed properties)3,1 Street landscape buffer6 (in feet): rLocal3 Collector (for alley accessed properties)3,4 10 V 13: 8 parkway with class II trees and 5 foot sidewalk 20: 8 parkway with class II trees and 5 foot sidewalk 8 parkway with class II trees 13: 8 parkway with class II treesand5 foot sidewalk Notes:.:.: – - - -- 1. Measured from back of sidewalk and/or alley right of way as applicable. 2. On any given property, there shall be no more than 2 property lines that have 0 foot setbacks. 3. Measured from back of curb. 4. These are standards for properties where the front yard of the property adjoins the street landscape buffer and the units take access from an alley. 5. These are standards for properties where the rear or side yard of the property adjoins the street landscape buffer. 6. A Reduction to the width of the buffer may be requested as set forth in UDC 11-313-7C.1c. Section 11. That Meridian City Code Section 11-2C-3, Unified Development Code, be amended in part as follows: 11-3G-3: STANDARDS: SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 10 OF 14 Collector (for street accessed properties)3'1 20: 8 parkway with class II trees and 5 foot sidewalk Arterial 44 [25� r Entryway corridor 35 [Interstate �50 Maximum height to eave providing roof access 30 (in feet) Maximum building height (in feet) �40 Notes:.:.: – - - -- 1. Measured from back of sidewalk and/or alley right of way as applicable. 2. On any given property, there shall be no more than 2 property lines that have 0 foot setbacks. 3. Measured from back of curb. 4. These are standards for properties where the front yard of the property adjoins the street landscape buffer and the units take access from an alley. 5. These are standards for properties where the rear or side yard of the property adjoins the street landscape buffer. 6. A Reduction to the width of the buffer may be requested as set forth in UDC 11-313-7C.1c. Section 11. That Meridian City Code Section 11-2C-3, Unified Development Code, be amended in part as follows: 11-3G-3: STANDARDS: SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 10 OF 14 Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Active Or Passive In Intended Use: Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50'x 100') in area; b. Community garden; c. Ponds or water features; or d. Plaza. 2. Additions To Public Park: Additions to a public park or other public open space area. 3. Full Area Of Buffer: The full area of the landscape buffer along collector streets may count toward the required common open space. 4. Percentage Of Buffer: Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. Parkways Along Collector and Local Residential Streets: Parkways along collector and local residential streets that meet all of the following standards may count toward the common open space requirement: a. The parkway meets the minimum width standard as set forth in subsection 11 -3A -17E of this chapter. b. The parkway is planted with street trees in accord with section 11-313-7, "Landscape Buffers Along Streets", of this chapter. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall "e a Minimum area of twenty six feet (26') by the width of the parkway. 6. Parkways Along r^"e ,a Arterials: Parkways along ^^"A and arterials streets that meet all of the following standards may(10') On wi —t curb te sidewalk can be counted -toward the common open space requirement. a. The parkway is a minimum of ten feet (10') in width measured between edge of sidewalk and back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD; and (1) The parkway is planted with street trees and other materials in accord with section 11-36-7C "Landscape Buffers Along Streets", of this chapter; or (2) The parkway contains planter beds which meet the following requirements: i. Lawn areas account for no more than 50% of parkway. ii. Massed shrubs which at maturity provide vertical relief between minimum of one foot (1') and maximum of three feet (3') in height, cover at least 25% of parkway area during growing SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 11 OF 14 season. Shrubs must be planted as a continuous edge or in a distinct repeating pattern to create vertical visual break between roadway and pedestrian areas. iii. Planter beds must meet Mulching and Vegetation Coverage requirements listed under 11-313- 5H and 11-313-5N. 7. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11- 313-11, "Stormwater Integration", of this chapter. 8. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) Section 12. That Meridian City Code Section 11-4-3-913.1, Unified Development Code, be amended in part as follows: 11-4-3-9: DAYCARE FACILITY B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The {eRc'Rg material shall meet the . g peel fence requirements ef the building code iR ac-eerd with title 10 of this eede. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. (Ord. 05-1170) 8-30-2005, eff. 9-15-2005) Section 13. That Meridian City Code Section 11-5A-5 through 11-5A-9, Unified Development Code, be amended in part as follows: 11-5A-5: PUBLIC MEETING PROCESS: A. Scope: Decisions on requests for action requiring a public meeting are based on standards that allow limited discretion. Applicants for public meeting items are not required to have a preapplication meeting neighborhood meeting, or post the site. The city does not mail radius notices or publish legal notices for public meetings B. Where the process specified by section 11-5A-2 table 11-5A-2 of this article is a public meeting: SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 12 OF 14 1. Upon submission of a complete application the community development director or designee shall review such application and shall: a. Place the application on a City Council meeting agenda; b. Refer the application to other agencies and prepare a report and recommendation; c. The decision making body (see section 11-5A-2 table 11-5A-2 of this article) shall provide the applicant a written decision in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. 11-5A-56: PUBLIC HEARING PROCESS 11-5A-67: CITY COUNCIL REVIEW PROCESS 11-5A48: FEES 11-5A-99: MEDIATION Section 14. That Meridian City Code Section 11 -5A -5B, Unified Development Code, be amended in part as follows: 11-5A-5: PUBLIC HEARING PROCESS: A. Scope: Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) B. Preapplication Meeting: No more than four (4) months prior to submitting an application, applicants for permits requiring a public hearing are required to conduct a preapplication meeting with the department. Requests for city council review do not require preapplciation meetings. (Ord. 07- 1325, 7-10-2007) Section 15. That Meridian City Code Section 11 -5A -5D.3, Unified Development Code, be amended in part as follows: 11-5A-5: PUBLIC HEARING PROCESS: D. Posting Of Public Hearing Notice: SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 13 OF 14 3. Sign Placement: The signs shall be posted on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right of way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right of way if the applicant can obtain the consent of the owner of the right of way. In circumstances where placing signs per the standards listed herein is not practical the applicant may request a Directors Determination to identify an alternative sign placement strategy. Section 16. That Meridian City Code Section 11-6C-313.4, Unified Development Code, be amended in part as follows: 11-6C-3: STANDARDS: A. Compliance: The plat shall comply with all applicable requirements as set forth in chapter 3, "Regulations Applying To All Districts", of this title. B. Streets: 4. Cul -De -Sacs: No streets or series of street that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty feet (450'). (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Section 17. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 18. That this ordinance shall be effective immediately upon its passage and publication. t ` PASSED by the City Council of the City of Meridian, Idaho, this day of g 2014. V a, APPROVED by the Mayor of the City of Meridian, Idaho, this 2 day of 2014. U( A ATTEST: CAV < .1 ger e;lrj 'J WEERD, MAYOR JAYCEE L. HOLMAN, CITY CLERK _u SEPTEMBER 2014 UPDATE UNIFIED DEVELOPMENT CODE TENT AMENDMENT ORDINANCE - ZOA-14-001 PAGE 14 OF 14 *ATE: Septembe _•_•_ Future Meeting Topics ••, MEETING NOTES l Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM TITLE: Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency MEETING NOTES r r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS